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12/15/1992 - City Council Regular■ AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING DECEMBER 15, 1992 6:30 P.M. I. 6:30 - ROLL '..LL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. POLICE DEPARTMENT e, ( 1. Dispatch Agreement, Cities of Eagan and Rosemount IV. 6:55 - CONSENT AGENDA (PINK) P. R A. PERSONNEL ITEMS ' ( B. LICENSES, Plumbers �'(3 C. LICENSES, Cigarette Renewals 21 D. LICENSES , Refuse Hauler Renewals (, )04.3E. LICENSE, Stable Renewal, Diamond T Ranch, 4889 Pilot Knob Road 2C/F. RESOLUTION Supporting Expansion of Funding/Minnesota Valley Trail ir35t G. RESOLUTION of Support, Transportation Utility Legislation 31 H. PROJECT 647 , Receive Petition/Order Feasibility Report (Englert Road - Streets & Utilities) a.j/ I. CONTRACT 91-11, Approve Change Order #2 (Wellhouse #16)5 J. CONTRACT 93-01, Receive Bids/Award Contract (Maintenance Facility Expansion - Cold Storage Building) 3 y- K. VACATE Street Right-of-Way, Receive Petition/Order Public Hearing (Adjacent to Lot 11, r Treffle Acres) 40, .5 S L. CONTRACTUAL AGREEMENT, City of Eagan/State Building Code Administration for Eagan Middle School #3 M. RESOLUTION, Cit of Eagan Position Regarding Permanent Rules for Wetlands Conservation V � N. FINAL PLAT, Tow . Centre 100 Eleventh Addition P X1/0. FINAL PLAT, Oak Cliff 7th Addition f5 j P. BUDGET Adjustment for Erosion Sedimentation Clean-Up �x.54(Q. SOLID Waste Abatement Commission Recommendation - Recycling Enclosure Enforcement s�. R.R CONTRACT 90-X, Acknowledge Completion/Authorize Maintenance (Lexington Pointe 7th - P. Streets & Utilities) S. DECLARE Development in Default/Authorize Liquidation of Financial Security, Galaxie r Cliff Plaza rrZ T. CONTRACT 91-03, Final Payment/Acceptance (Elrene & Trails End Road - Streets & Utilities) �, S 1 U. CONTRACT 89-13, Approve Change Order #1 (Cliff Road Water Treatment Facility) V. RESOLUTION Denying a Conditional Use Permit for Outdoor Storage in a Neighborhood �' � f Business District Located on Lots 4 and 5, Block 1, Blackhawk Plaza (1'1 W. RESOLUTION Denying a Conditional Use Permit for Outdoor Storage in a Neighborhood r Business District Located on Lot 1, Block 1, Bicentennial First Addition V. 7:00 - PUBLIC HEARINGS (SALMON) ,(p1 There are no public hearings VI. OLD BUSINESS (ORCHID) G 0 A. LICENSE, On-Sale Liquor, Brian Mangine/Hall & Convention Center, Inc. , Lot 1, Block 1, Oak Cliff 7th Addition VII. NEW BUSINESS (TAN) .1C) A. PRELIMINARY PLAT, Braun Sunrise 2nd Addition/Henry A. Braun, of Three Single-Family Lots on Approximately 2.3 Acres Located Along the South Side of Braun Court, East of Pilot Knob Road in the SW 1/4 of Sec 15 C S B. PLANNED DEVELOPMENT AMENDMENT, Park Center 3rd Addition/Taco Bell Corporation, to f Allow a Class II Restaurant in the Park Center Planned Development, a PRELIMINARY PLAT, Consisting of .98 Acres, and a CONDITIONAL USE PERMIT for a Pylon Sign Located Along the North Side of Cliff Road, West of Cliff Lake Drive in the SE 1/4 of Sec 30 r'(3 C. AMENDMENT to the Town Centre Pylon Sign Agreement, Town Centre Sign Agreement/Federal 1 Land Company, Regarding the Placement of Pylon Signs in the Town Centre 70 and 100 1 Developments , Located in the N 1/2 of Sec 15 VIII. ADDITIONAL ITEMS (GOLD) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 11, 1992 SUBJECT: AGENDA INFORMATION FOR THE DECEMBER 15, 1992 CITY COUNCIL MEETING • ADOPT iODAPPROVE 1I1 ;: After approval is given to the December 15, 1992 City Council agenda, regular meeting minutes for the December 1, 1992 meeting and Special City Council minutes for November 24, 1992, the following items are in order for consideration. DEPARTMENT HEAP BUSINESS ..................................................................................................... A. POLICE DEPARTMENT Item 1. Dispatch Agreement City of Eagan and Rosemount--In an attempt to consolidate services between communities and reduce costs for those communities, the cities of Eagan and Rosemount conducted a study to determine the feasibility of Eagan providing dispatch services for the city of Rosemount Public Safety Services. As a result of this study, it is the recommendation of Chief of Police Geagan that the City of Eagan approve a contract with the c'ty of Rosemount to provide those dispatch services. Enclosed on pages c;--through is a copy of a memo from Chief of Police Geagan regarding this item and a copy of th agreement itself. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a contract between the City of Eagan and Rosemount whereby the City of Eagan will provide dispatch services to the city of Rosemount Public Safety Services. / police department PATRICK J. GEAGAN Chief of Police ` KENNETH D.ASZMANN_city of eagan Operations Captain 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE: (612)681-4700 TDD. (612)454-8535 PATRICIA AWADA FAX: (612)681-4738 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Admininstrator November 20, 1992 EUGENE VAN OVERBEKE � City Clerk TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: DISPATCH AGREEMENT BETWEEN THE CITY OF EAGAN AND ROSEMOUNT The cities of Eagan and Rosemount Police Departments have completed a study to determine the feasibility for Eagan providing Dispatch Services for the City of Rosemount Public Safety Services. Attached is the contract to supply those services. In my opinion, this is a win-win situation between the Cities of Rosemount and Eagan. The City of Rosemount will receive Dispatch Services for a lesser amount than they are currently paying the County. The City of Eagan will be able to recognize some revenue (approx. $23 , 000) and not increase our expenditures for 1993 . Based on 1991 statistical data it appears the Eagan Police Department Communications Center will be increasing their 9-1-1 Calls by approximately 6. 5 per 24 hours. We anticipate the effective date for providing Dispatch Services to Rosemount as March 1, 1993 . `—r 7\ Val Patrick J Gea n Chief of Police PJG:lb Attachment THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer PUBLIC SAFETY DISPATCH AGREEMENT: THE CITY OF EAGAN AND THE CITY OF ROSEMOUNT THIS AGREEMENT is made and entered into this day of 1992 , by and between THE CITY OF EAGAN, Dakota County, Minnesota, (hereinafter "Eagan") and THE CITY OF ROSEMOUNT, Dakota County, Minnesota, (hereinafter "Rosemount") . W I T N E S S E T H: WHEREAS, Eagan and Rosemount are authorized by Minn. Stat. §412 . 221 to establish, equip, and operate a police department to protect and safeguard life and property and to furnish police protection in each of the parties' respective municipality; and WHEREAS, Eagan and Rosemount are authorized by Minn. Stat. §436. 05 and 471. 59 to enter into this Agreement for the furnishing of police and fire dispatch services by Eagan on behalf of Rosemount; and WHEREAS, Rosemount has requested and Eagan has accepted the provision of dispatch services, subject to the terms and conditions contained herein; and WHEREAS , police and fire dispatch services by the Eagan Police Department on behalf of Rosemount are required in order that emergency calls for police and fire services within Rosemount are effectively received and dispatched to the appropriate Rosemount public safety units; and WHEREAS, Rosemount acknowledges the benefit to the operation of the Rosemount Police and Fire Departments by the availability of such dispatch services and determines it is in the best interest of Rosemount and the public to provide compensation to Eagan for the services referred to above. NOW, THEREFORE, it is mutually agreed by Eagan and Rosemount hereto as follows: A. Police and Fire Dispatch Services. 1 . Eagan Public Safety Answering Point ("EPSAP") shall dispatch Sunday through Saturday, 24 hours per day, Rosemount police emergency calls to the appropriate Rosemount police public safety units via radio or shall relay emergency calls by telephone to designated telephones when radio communications cannot be obtained. Rosemount shall install appropriate 911 telephone lines and radio equipment into the EPSAP for the receiving and dispatching of emergency police calls as deemed necessary by Rosemount and shall be solely responsible for any cost incurred therefor. 2 . Eagan shall dispatch, Sunday through Saturday, 24 hours per day, Rosemount fire emergency calls to the extent that EPSAP shall answer emergency calls and place the calls to the Rosemount Fire Department but shall not undertake any fire vehicle dispatching for Rosemount Fire Department. Rosemount shall install appropriate 911 telephone lines and radio equipment into the EPSAP for the receiving and dispatching of emergency fire calls as deemed necessary by Rosemount and shall be solely responsible for any and all costs incurred therefor. 3 . Rosemount shall provide for and answer all its police business office and non-emergency telephone calls Monday through Friday during the hours of 7 : 00 a.m. to 7 : 00 p.m. , excluding those days which the City of Rosemount recognizes as holidays, and shall not cause such telephone calls to be transmitted to the EPSAP. EPSAP shall be responsible for such calls during those days and hours not designated above as Rosemount's responsibility. 4 . EPSAP personnel shall log all incoming police and fire emergency calls and set forth the time, date, event, public safety unit dispatched and name of complainant, when available. An audio-tape of all emergency calls shall be made and be made available to Rosemount to monitor at a reasonable time at the EPSAP. Tapes shall be kept on file for twenty-eight (28) days and then erased, except that tapes shall be kept on file for a longer period upon a written request from Rosemount for a specific tape. 5 . All dispatching services performed and furnished under this Agreement shall be in accordance with the EPSAP policies and procedures. 6. The acquisition of radio equipment by Rosemount and, any modifications thereto, shall be made at the expense of Rosemount. 7 . Any Eagan police or fire personnel acting under this Agreement shall not by reason thereof be classified as an employee of Rosemount. B. Compensation and Expense Reimbursement. 1. Rosemount agrees to pay Eagan the following monies as and for the police and fire dispatch services as described in Paragraph A(1) herein: a. For Calendar Year 1993 : 1. $2 . 50 per capita as established by the Metropolitan Council's 1993 population estimate for the City of Rosemount. 2 . Rosemount shall remit to Eagan, no later than January 1, 1993 , an amount equal to $2 . 50 per capita as established by the Metropolitan Council's 1992 population estimate. No later than December 31, 1993 , Rosemount shall pay any difference to the amount paid on January 1, 1993 and the amount due based on the Metropolitan Council's 1993 population estimate for the City of Rosemount. 3 . In the event Eagan does not provide dispatch services to Rosemount by January 1, 1993 , any payment required under this provision shall be made pro rata. b. For Calendar Year 1994 : 1. $2 . 75 per capita as established by Metropolitan Council's 1994 population estimate for the City of Rosemount. 2 . Rosemount shall remit to Eagan, no later than January 1, 1994 , an amount equal to the total amount paid by Rosemount in 1993 . No later than December 31, 1994 , Rosemount shall pay any difference to the amount paid on January 1, 1994 and the amount due based on the Metropolitan Council's 1994 population estimate for the City of Rosemount. 2 . Rosemount shall reimburse Eagan for any compensatory payments made by Eagan to its dispatch personnel for court preparation or appearances as witnesses for Rosemount police or fire dispatching matters. C. Term and Removal . 1. This Agreement shall become effective on January 1, 1993 and shall terminate on December 31, 1994 . 2 . In the event Rosemount terminates or otherwise cancels this Agreement prior to its termination date, ..Rosemount shall , nevertheless, be bound by the terms of payment under this Agreement and shall not be entitled to reimbursement of any monies paid under this Agreement. D. Liability. 1 . Rosemount agrees to indemnify, defend and hold Eagan harmless from any claims, demands, actions or causes of action arising out of any act or omission on the part of Eagan or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by Eagan under this Agreement. E. Alteration or Modification of Agreement. 1 . Any alteration, variation, modification or waiver of any provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 2 . This Agreement shall constitute the entire Agreement between the parties and shall supercede all prior oral or written negotiations or agreements relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agrement on the day and year first written above. APPROVED AS TO FORM: CITY OF EAGAN Eagan City Attorney By: Thomas A. Egan Dated: Its: Mayor By: E. J. VanOverbeke Its: City Clerk l.9 APPROVED AS TO FORM: CITY OF ROSEMOUNT �� i L�.•1%l''� '� Acc 174.-P-4.-t-Cr7 Rosemount Cit Att rney By: Ed McMenomy - Dated: 1% 25m_.)9z Its: Mayor By Susan,alsh ts: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1992 , before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this /521 day of N U-17 , 1992 , before me a Notary Public within and for said County, personally appeared ED McMENOMY and SUSAN WALSH to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Rosemount, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. ,k. CINDY I�- r DAKOTA • Mr cam.born T°g5 No' ary Public r7 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 SKH/wkt Agenda Information Memo December 15, 1992 City Council Meeting There are twenty-three (23) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Seasonal Winter Recreation Leaders--It is the recommendation of Recreation Supervisor Oyanagi that the following persons be hired as temporary seasonal recreation leaders: Chris Larson, Mike Bland, Erin Halash, Andy Hendrickson, Colin Johnson, Dennis Johnson, Brian Sajadi, Paul Skwiri, Sam Vaughn, Amy Wegleitner, Courtney Whitehouse, Kent Knutson, and Chris Neuer. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Chris Larson, Mike Bland, Erin Halash, Andy Hendrickson, Colin Johnson, Dennis Johnson, Brian Sajadi, Paul Skwiri, Sam Vaughn, Amy Wegleitner, Courtney Whitehouse, Kent Knutson, and Chris Neuer as temporary seasonal winter recreation leaders. Item 2. Undergraduate Parks and Recreation Intern--The City of Eagan will host Dan Schultz, a student at the University of Minnesota for his undergraduate recreation internship. This is an eleven week learning experience which will begin the week of January 4, 1993 and run through approximately March 19, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the City hosting Dan Schultz as an undergraduate recreation intern. Item 3. City of Eagan Personnel Policy Revision -- A few weeks ago, the Mayor and City Council received a copy of a draft revision to the City of Eagan's Personnel Policy. Since that time, the draft has been reviewed by the City's department heads and a labor attorney. A second draft including revisions as suggested by department heads and as reviewed by the attorney was assessed by the Council's Personnel Committee, consisting of Councilmembers Awada and McCrea, at a meeting held on Tuesday, December 8, 1992. A copy of the final version of the revision of the Personnel Policy is enclosed without page number for your review. The reason that this item has been scheduled for the December 15, 1992 Council meeting is to recognize the work that City Councilmember McCrea contributed to this revision since it is her last Council meeting. However, it the City Council wishes to further discuss the Personnel Policy as a whole, this item should be pulled and scheduled for a future meeting. When the policy is approved, it will be distributed to employees in a three Agenda Information Memo December 15, 1992 City Council Meeting ring binder with the date of effectiveness on each page. This will mean that it will be possible in the future to revise individual sections of the Personnel Policy and to distribute the updated pages to employees for inclusion in their copies of the Personnel Policy. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the revised City of Eagan Personnel Policy as presented. Item 4. Long Term Disability Insurance -- The Personnel Committee of the City Council also has reviewed the City's current short and long term disability insurance coverages. Currently, all employees have short term disability coverage and sworn police officers and department heads have long term coverage as well. Because the long term insurance policies have been purchased from different carriers, the actual long term disability coverage varies from employee to employee. The reason that there are several companies is that it is very difficult and expensive to purchase long term disability coverage when the group covered is mainly police officers. The members of the Personnel Committee were very concerned regarding the inequity of coverage between various classes of employees and, indeed, even among members of the same class. It was their recommendation that the City furnish the same disability insurance coverage to all employees. The same company which currently provides the short term coverage to the City has agreed to drop that coverage and to substitute a long term policy for all employees. Because the group covered will include all employees and not just police, the rates are much more reasonable for the coverage. The new policy would have the same waiting period as the old short term policy. Staff is currently meeting with all bargaining groups to explain the replacement and to obtain their agreement to the change if it is approved by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the replacement of the City's current short and long term disability insurance coverages with a single long term disability policy for all employees. Item 5. 1993 Wages & Benefits/Regular Non-Collective Bargaining Employees -- Upon direction of the City Council to prepare a compensation adjustment plan for the City's non- collective bargaining employees, the City Administrator, in consultation with the management team, has prepared a recommendation for the Council's consideration. The recommendation takes into account the approved 1993 budget of the City of Eagan, the current Consumer's Price Index(CPI),surveys of other municipalities and Council directives. The amount recommended is slightly below the CPI and is roughly equivalent to the average of increases in other municipalities. The recommendation is for a 2.5% increase in compensation for all non-collective bargaining employees and an increase in the City's contribution toward employee plus dependent health insurance coverage from $274.58 per month to $286.80 per month. The City Administrator also recommends that the car allowances for the three employees receiving same (City Administrator, Director of Finance, Acting Community Development Director) be increased 2.5% and that the paid mileage to Agenda Information Memo December 15, 1992 City Council Meeting amount for other employees be set at the Internal Revenue Service mileage amount for 1993. (Note: a recommendation for seasonal and temporary employee compensation for 1993 will be forwarded to the City Council in January.) ACTION TO BE CONSIDERED ON THIS ITEM: To approve a 2.5% increase in compen- sation for non-collective bargaining employees for 1993, an increase in the City's contribution toward employee plus dependent health insurance coverage for those employees to $286.80 per month, an increase of 2.5% for car allowances and setting the mileage reimbursement amount at the 1993 IRS mileage amount. PLUMBERS LICENSES B. Licenses, Plumbers--The City Code requires that all plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page is a list of those contractors whose applications are in order for approval at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. 11 1 PLUMBER LICENSES FOR APPROVAL - YEAR 1993 1. BODEKER PLUMBING & HEATING 2. DAKOTA PLUMBING & HEATING INC. 3. GENZ-RYAN PLUMBING & HEATING CO. 4. JOYCE PLUMBING INC. 5. HESSIAN PLUMBING INC., TOM 6. HOKANSON PLUMBING INC. 7. METROPOLITAN MECHANICAL CONTR. INC. 8. NEU PLUMBING 9. PETERSON PLUMBING & HEATING 10 SPRIGGS PLUMBING & HEATING CO. 11. STATE MECHANICAL INC. 12. UNITED WATER & SEWER CO. 13. VOSON PLUMBING INC. IC9` Agenda Information Memo December 15, 1992 City Council Meeting CIGARETTE LICENSE RENEWALS C. Licenses, Cigarette Renewals--In official action at the November 19, 1991 Eagan City Council meeting, some amendments to City Code section 6.34 Tobacco were approved by the Council as recommended by the Tobacco Task Force. Also, at that meeting,/hc Council approved a review of the ordinance in one year's time. Enclosed on pages ��LL through is a copy of a memo from Administrative Assistant Witt regarding cigarette license r newals for 1993. The memo includes a report of the effectiveness of the ordinance amendments during 1992 and contains some recommendations for Council action. The recommendations are that: 1. The Council approve the tobacco renewal applications for 1993 as submitted and which are attached to Witt's memo. 2. That there be no change at this time to City Code section 6.34. 3. That the Tobacco Task Force is to be sent a letter advising them of the status of tobacco sales to minors including the police report. 4. That police personnel continue to monitor tobacco sales to minors in 1993. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve the tobacco renewal applications for 1993 as submitted, 2) direct staff to send a letter to the Tobacco Task Force advising the members of the status of tobacco sales to minors during 1992, including the police report, and 3) to direct police personnel to continue to monitor tobacco sales to minors in 1993. /3 December 8, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: CIGARETTE LICENSE RENEWALS A year ago the Tobacco Task Force proposed some modest amendments to City Code Section 6.34 Tobacco. The group further recommended the Eagan Police Department conduct two sting operations in 1992 tomonitor tobacco sales to minors . The task force would then reconvene in November, 1992 , to consider possible changes to the Code, based upon Police findings . Minutes of November 19, 1991 and code section 6 . 34 are attached. Investigator John Stevenson directed the first operation in April . Minors were able to buy cigarettes from 17 of 37 over-the-counter licensees and from all vending mach- ines located in on-sale liquor establishments. The second operation, recently completed, yielded completely different results . Minors were able to buy from only one licensee and from no vending machines. The sting operations had the desired effect of curtailing tobacco sales to minors. Continued surveillance by the Police Department in the future should allow vendors to sell tobacco via self-service merchandising or vending machines without further City Code restrictions . Gene and I discussed these factors and, in view of time constraints , the fact that a final report has not been completed, and that tobacco sales to minors have been greatly reduced, propose the following: 1 . Council approve the tobacco license renewal applications for 1993. 2 . That there be no change to City Code Sec . 6. 34 . 3 . The task force is to be sent a letter advising them of the status of tobacco sales to minors, including the police report . The task force would not meet . 4 . Police personnel would continue to monitor tobacco sales to minors in 1993. / 4/ CITY OF EAGAN 1993 CIGARETTE LICENSE RENEWALS # OF OVER LOCATION VENDOR MACH. COUNTER BROOKS SUPERETTE #43 GATEWAY FOODS, INC. 1 3390 COACHMAN RD #202 5720 SMETANA DR. #300 (935-2060) EAGAN, MN 55122 MINNETONKA, MN 55343 BROWN TANK NORTH COUNTRY VENDING 1 2875 Hwy 55 9895-180TH ST. W. EAGAN, MN 55122 LAKEVILLE, MN 55044 CASPER'S CHEROKEE SIRLOIN ROOM, EAGAN RICHARD CASPER 1 4625 NICOLS RD. 4625 NICOLS RD. EAGAN, MN 55122 EAGAN, MN 55122 CEDAR CLIFF AMOCO ROBERT SCHLANGEN 1 4600 SLATER RD. 4600 SLATER RD. EAGAN, MN 55122 EAGAN, MN 55122 CEDARVALE LANES D.V.M., INC. 1 3883 BEAU D'RUE DR. 296 NO. PASCAL EAGAN, MN 55122 ST. PAUL, MN 55104 CEDARVALE SINCLAIR BRADCO AUTOMOTIVE INC. 1 3946 NICOLS RD. (686-8120) 3946 NICOLS RD. EAGAN, MN 55122 EAGAN, MN 55122 CHEERS WINE & SPIRITS DANIEL J. HERBST 1 1970 RAHNCLIFF CT. 7640 CRIMSON BAY EAGAN. MN 55122 CHANHASSEN, MN 55317 CUB FOODS SUPER VALU STORES, INC. 1 1940 CLIFF LAKE RD. 11840 VALLEY VIEW RD. EAGAN, MN 55122 EDEN PRAIRIE, MN 55344 DIAMOND T RANCH JERRY THOMAS 1 4889 PILOT KNOB RD. 4889 PILOT KNOB RD. EAGAN. MN 55122 EAGAN, MN 55122 DOUBLETREE CLUB HOTEL THEISEN VENDING 1 2700 PILOT KNOB RD. 3800 NICOLLET AVE. EAGAN. MN 55121 MINNEAPOLIS, MN 55409 DUCKWOOD 66 PHILLIPS 66 CO. 1 3575 PILOT KNOB RD. P.O. BOX 199 EAGAN, MN 55122 BARTLESVILLE, OK 74004 EAGAN E-Z STOP CROWN COCO INC. 1 4195 NICOLS RD. 319 ULYSSES ST. NE EAGAN. MN 55122 MINNEAPOLIS, MN 55413 EAGAN AMOCO SO. FRANCE LTD, INC. 1 4205 NICOLS RD. 3901 W. 70TH ST. EAGAN. MN 55122 EDINA, MN 55435 FINA SERVE #590 FINA SERVE, INC. 1 4250 LEXINGTON AVE. 2051 KILLEBREW DR. #317 # 576 - 3150 DODD RD. BLOOMINGTON, MN 55425 1 # 594 - 1286 LONE OAK RD. 4c-- 1 1993 CIGARETTE LICENSE RENEWALS (cont.) LOCATION VENDOR MACH. COUNTER • GREAT NORTHERN SPIRITS PERRIER & ASSOC. INC. 1 1960 CLIFF LAKE RD. #101 1960 CLIFF LAKE RD. #101 EAGAN, MN 55122 EAGAN, MN 55122 HOLIDAY STATIONSTORE #232 HOLIDAY COMPANIES 1 4594 NICOLS RD. 4567 W. 80TH ST. #247 - 3615 PILOT KNOB RD. MINNEAPOLIS, MN 55440 1 J. DOOLITTLES AMERICAN AMUSEMENT ARCADES 1 - 2140 CLIFF RD. 850 DECATUR AVE NO. EAGAN, MN 55122 MINNEAPOLIS, MN 55427 KENNY'S ENTERPRISES KENNETH YOUNGBERG 1 1444 YANKEE DOODLE RD. 6700 PENN SO. EAGAN. MN 55122 RICHFIELD, MN 55423 KRAFT AMERICAN MN VIKING FOOD SERVICE 1 2864 EAGANDALE BLVD. 5200 W. 76TH ST. EAGAN, MN 55121 EDINA, MN 55439 LANXANG ORIENTAL GROCERY THANOM KEOHAVONG 1 3904 BEAU D'RUE DR. 1325-79TH AVE N. EAGAN, MN 55122 BROOKLYN PARK, MN 55444 LIQUOR SHOPPE GREG WARD 1 4250 LEXINGTON AVE. S. 8705-230TH ST. E. EAGAN, MN 55123 LAKEVILLE, MN 55044 LOST SPUR COUNTRY CLUB HAROLD F. AWE CO., INC. 2 2750 SIBLEY MEMORIAL HWY. 476 S. SNELLING AVE #2 (698-5591) EAGAN. MN 55121 ST. PAUL, MN 55105 MGM LIQUOR WAREHOUSE/SPIRITS OF EAGAN JOHN W. TESLAW 1 4182 PILOT KNOB RD. 4182 PILOT KNOB RD. EAGAN. MN 55123 EAGAN, MN 55123 PDQ #287 PDQ FOOD STORES OF MN, INC. 1 1969 SILVER BELL RD. 607 E. 77TH ST. #214 - 4198 PILOT KNOB RD. RICHFIELD, MN 55423 1 RAINBOW FOODS GATEWAY FOODS, INC. 1 1276 TOWN CENTRE DR. 1515 EXCELSIOR BLVD. EAGAN. MN 55123 HOPKINS, MN 55343 SINCLAIR RETAIL #22028 SINCLAIR MARKETING COMPANY 1 3946 NICOLS RD. P. 0. BOX 30825 EAGAN, MN 55122 SALT LAKE CITY, UT 84130-0825 SNYDER DRUG STORE #32 SNYDER DRUG STORES, INC. 1 3914 SIBLEY MEMORIAL HWY. 14525 HWY. #7 #61 - 1565 CLIFF RD. MINNETONKA, MN 55345 1 STARKS SALOON GARY STARKS 2 3125 DODD RD. 3125 DODD RD. EAGAN, MN 55121 EAGAN, MN 55121 1993 CIGARETTE LICENSE RENEWALS (cont.) LOCATION VENDOR MACH. COUNTER SUPERAMERICA #4049 SUPERAMERICA GROUP, INC. 1 4200 E. HWY. 13 P.O. BOX 14004 #4182 - 1406 YANKEE DOODLE RD. LEXINGTON, KY 40512 1 #4335 - 1379 TOWN CENTRE DR. 1 #4464 - 2250 CLIFF RD. TARGET TARGET STORES 1 2000 CLIFF LAKE RD. 2000 CLIFF LAKE RD. EAGAN, MN 55122 EAGAN, MN 55122 TEXACO SUPERSTORE YOCUM OIL CO. 1 1579 CLIFF RD. 2719 STILLWATER RD. EAGAN, MN 55122 ST. PAUL, MN 55119 TOBAK SHACK LARRY SCHOUHER 1 3950 SIBLEY MEMORIAL HWY. 1762 TURQUOISE TR. EAGAN, MN 55122 EAGAN, MN 55122 TOM THUMB #166 TOM THUMB FOOD MARKETS, INC. 1 1446 YANKEE DOODLE RD. 110 E. 17TH ST. #259 - 2125 CLIFF RD. HASTINGS, MN 55033 1 #273 - 4130 BLACKHAWK RD. #100 1 TOTAL PETROLEUM TOTAL PETROLEUM, INC. 1 4206 NICOLS RD. 8148 PILLSBURY AVE. S. EAGAN, MN 55122 MINNEAPOLIS, MN 55420 2000 RAHNCLIFF CT. VALLEY LOUNGE D.V.M., INC. 1 3385 SIBLEY MEMORIAL HWY. 296 NO. PASCAL EAGAN, MN 55122 ST. PAUL, MN 55104 WAL-MART #1786 WAL-MART STORES INC. 1 1360 TOWN CENTRE DR. 702 SW 8th ST. EAGAN, MN 55121 BENTONVILLE, AR 72712 WALGREENS WALGREEN CO. 1 1278 TOWN CENTRE DR. 200 WILMOT RD. EAGAN. MN 55123 DEERFIELD, IL 60015 2010 CLIFF RD. 1 YANKEE SQUARE AMOCO P.F. INC. 1 1424 YANKEE DOODLE RD. 1424 YANKEE DOODLE RD. EAGAN, MN 55121 EAGAN, MN 55121 Page 5/EAGAN CITY COUNCIL MINUTES November 19, 1991 from his own development. He said staff has been trying to resolve the issue for the past 18 months and is not ready to assume liability for the City of a system designed an l installed by a private engineer. After further discussion,McCrea moved,Pawienty seconded a motion to continue the request to reaffirm Council action of March 20, 1990 declaring the Wilderness Ponds Addition in default of the development agreement. Aye: 4 Nay: 0 Council urged Mr. Turbak to meet with staff in a concerted effort to resolve this issue before it is returned to the City Council at the December 3, 1991 regular City Council PEWSUSINICSI LIOUOR LICENSE RENEWALS, McCrea moved,Wachter seconded a motion to approve the applications for 1992 liquor license renewals as listed in Exhibit A,subject to submittal of all required documentation for the license and if police review finds no reason to deny the application. Aye: 4 Nay: 0 TOBACCO TASK FORCE RECOMMENDATION After introduction by Mayor Egan, Assistant Elizabeth Witt provided brief comment on Y 8� P the efforts and recommendations of the Tobacco Task Force. Sheryl Casey, a member of the Task Force, said when the task force was formed, they agreed that the recommendations to the City Council would be those of the majority. As a member of the minority opinion, Ms. Casey noted her position on several items included in the task force recommendations. She particularly objected to the reference in the proposed ordinance that revocation of a license would occur only after a criminal conviction. She asked that the City Council consider patterning this ordinance after the alcohol ordinance whereas a criminal conviction is conclusive that a violation has occurred, but it is not required that the City Council determine that there was a violation and then impose revocation. City Attorney Sheldon noted that the philosophy contained within the proposed cigarette ordinance is the same as that behind cases such as 'contributing to the delinquency of a minor.' He said it gives the City Council a specific,objective standard that can be measured and rated and avoids situations where the Council attempts to try a 'selling cigarettes to a minor' case at a City Council meeting or revocation hearing. He said it should be noted in the ordinance that a conviction, either as a misdemeanor or, under reduced charges, a petty misdemeanor, would be grounds of revocation of the license. The City Council agreed with Ms. Casey's recommendation, however, that the ordinance be reviewed in one year. While other members of the task force were in the audience, all were satisfied that the proposed ordinance put forth to the City Council was in keeping with their recommendations. Wachter moved,Pawlenty seconded a motion to accept the recommendations of the Tobacco Task Force and to approve each of the recommendations as well as including the review of the ordinance in one year and language that would identify a certified petty misdemeanor as meeting the criteria for criminal conviction. Aye: 4 Nay: 0 / e 6.34 SEC. 6.34. TOBACCO. Subd. 1. Definitions. The following terms, as used in this Section , shall have the meanings stated : A. 'Tobacco Products' means cigarettes ; cigars, cheroots ; stoggies; perique; granulated , plug-cut , crimp-cut , ready rubbed and other smoking tobacco; snuff ; snuff flowers ; cavendish ; plug and twist tobacco, fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings , cuttings and sweepings of tobacco and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices ; and cigarette papers and wrappers . For purposes of this Section , a tobacco product includes both individually packaged items such as a pack of cigarettes or a can of chewing tobacco, and cartons containing two or more individually wrapped tobacco products . B. 'Self-Service Merchandise' means open display of tobacco products that the public has access to without the intervention of an employee . C. 'Vending Machine' means any mechanical , electric or electronic device , appliance or any other medium or object designated , or used for vending purposes which , upon insertion of money , tokens or any other form of payment , dispenses tobacco products . Subd. 2. License Required. It is unlawful for any person to, directly or indirectly, keep for retail sale , sell at retail , or otherwise dispose of any tobacco, without a license therefor from the City. The license requirement includes vending machines , self-service and over-the-counter merchandising . The Council is the grantor . Subd. 3. Conditions of License. A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business , and no license shall be issued for a movable place of business. B. The following acts or conduct on premises licensed under this Section are unlawful and shall be grounds for revocation or suspension of any license as provided by Subdivision 4 of this Section : 1. To sell , offer for sale , give away or deliver any tobacco product to any person under the age of eighteen (18) years . 143 (5-31-92) C) S 6 . 34 2 . To sell or dispense any tobacco products through the use of a vending machine which is located in a public place accessible to any person under the age of eighteen (18) years . 3. To keep for sale , sell or dispose of any tobacco in any form containing opium, morphine, jimson weed , belladonna , strychnos, cocaine , marijuana , or any other deleterious or poisonous drug except nicotine . Subd. 4. Suspension or Revocation. A. A licensee 's authority to sell cigarettes at a specific location will be suspended for thirty (30) days if the licensee is found to have acted as prohibited in Subdivision 3 , above . B. A six (6) month suspension shall be imposed for a second violation at the same location occurring within a twelve (12) month period . C. In the case of suspension , there shall be no license refund . D. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this Section of any officer , director , manager , or other agent or employee of any licensee . Source : Ordinance No. 134 , 2nd Series Effective Date : 2-28-92 c.-72-() Agenda Information Memo December 15, 1992 City Council Meeting REFUSE HAULER LICENSE RENEWALS D. Licenses,Refuse Hauler Renewals--City Code requires that refuse haulers within the City of Eagan be licensed on at least an annual basis. The list enclosed on pagea2,Indicates those haulers whose applications are in order for consideration for the Council for 1993. Such haulers are also required by City Code to assure that recycling services are available to all residential properties that they serve. Other license requirements relative to these applications are included in City Code Chapter 6.37. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1993 refuse hauler license renewals as presented. CC REFUSE HAULER APPLICANTS — 1993 Action Disposal Bloomington Sanitation Aagard Environmental 4325 E. 66th St. 9813 Flying Cloud Drive 875 N. Prior Ave. Inver Grove Heights, MN 55076 Eden Prairie, MN 55344 St. Paul, MN 55104 Buckingham, Inc. City Clean-Up Dick's Sanitation Service 12444 Hwy. 13 William Kreitz 21338 Dodd Blvd. _ Savage, MN 55378 2841 Burnside Ave. Lakeville, MN 55044 Eagan, MN 55121 Knutson Rubbish Service Mendota Heights Rubbish Mike's Disposal & Recycling 15120 Chippendale Ave. 20700 Donnelly Ave. E. 19784 Kenrick Ave. Rosemount, MN 55068 Farmington, MN 55024 Lakeville, MN 55044 Nitti Disposal Inc. Northern Disposal, Inc. Ken Oehrlein Sanitation 3291 Terminal Dr. 2817 Anthony Lane So. #312 1811 Century Ave. Eagan, MN 55121 Minneapolis, MN 55418 Newport, MN 55055 Poor Richard's Inc. Quality Waste Control Eagan Sanitation 400 Whitall St. 1901 West 144th St. 2400 Dodd Road St. Paul, MN 55101 Burnsville, MN 55337 Mendota Heights, MN 55120 Triangle Services Waste Management Wildwood Sanitation 1881 Lexington Ave. 12448 Pennsylvania Ave. S. Box 176 Mendota Heights, MN 55118 Savage, MN 55378 Newport, MN 55055 SuperC■cle Inc. 775 Rice St. St. Paul, MN 5511 Agenda Information Memo December 15, 1992 City Council Meeting STABLE LICENSE RENEWAL E. License, Stable Renewal, Diamond T Ranch, 4889 Pilot Knob Road--There is only one stable license renewal which is in order for consideration at this time for a 1993 license. ° That is the Diamond T Ranch at 4889 Pilot Knob Road. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the stable license renewal for Diamond T Ranch, 4889 Pilot Knob Road. �3 Agenda Information Memo December 15, 1992 City Council Meeting RESOLUTION OF SUPPORT/MINNESOTA VALLEY TRAIL F. Resolution Supporting Expansion of Funding/Minnesota Valley Trail--It is the recommendation of the Advisory Parks,Recreation and Natural Resources Commission that the City Council approve a resolution supporting the expansion of funding by the State and Department of Natural Resources for rterial co ction and construction of the Minnesota Valley Trail. Enclosed on pages )throug , please find a memo from Director of Parks & Recreation Vraa and Superintendent of Recreation Peterson detailing this recommendation. Also attached to the memo is a copy of the proposed resolution. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution supporting the expansion of funding by the State and Department of Natural Resources for arterial connection and construction of the Minnesota Valley Trail. c2 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DOROTHY PETERSON, SUPERINTENDENT OF RECREATION DATE: DECEMBER 7, 1992 RE: CONSENT AGENDA ITEM, DECEMBER 15, 1992, CITY COUNCIL MEETING: RESOLUTION SUPPORTING EXPANSION OF FUNDING BY THE STATE AND DEPARTMENT OF NATURAL RESOURCES FOR ARTERIAL CONNECTION AND CONSTRUCTION OF THE MINNESOTA VALLEY TRAIL Background The attached memorandum from the December 3, 1992, Advisory Parks, Recreation and Natural Resources Commission packet provides the background information for proposing this resolution. The resolution itself follows. Commission Action The Advisory Parks, Recreation and Natural Resources Commission unanimously approved the draft resolution and recommended that it be forwarded to the City Council for official adoption. Request for City Council Action Staff requests that this item be placed on the Consent Agenda for the December 15, 1992, City Council meeting. The action requested is to approve or deny the Advisory Parks, Recreation and Natural Resources Commission's recommendation on this item. DP/dj D2MNIRAIL.MEM MEMORANDUM TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION KEN VRAA, DIRECTOR OF PARKS AND RECREATION FROM: JOHN VONDELINDE, SUPERINTENDENT OF PARKS g DOROTHY PETERSON, SUPERINTENDENT OF RECREATION DATE: NOVEMBER 25, 1992 RE: RESOLUTION SUPPORTING EXPANSION OF FUNDING BY THE STATE AND DEPARTMENT OF NATURAL RESOURCES FOR ARTERIAL CONNECTION ACQUISITION AND CONSTRUCTION OF THE MINNESOTA VALLEY TRAIL Background: The Minnesota Valley River Trail has been identified as a major, multi-use trail by the U.S. Fish and Wildlife Service, State government and adjoining municipalities. The Minnesota Department of Natural Resources has assumed responsibility for ensuring the coordination of trail development through these various governmental entities. When completed, the trail will extend from Fort Snelling State Park to St. Peter, following the general alignment of the Minnesota River. Major sections of the trail are already complete and heavily utilized by bikers, cross country skiers, hikers and snowmobilers. The Commission may recall that the Department has submitted a grant application to the Metropolitan Co incil, seeking funds under the Federal Intemodal Transportation Efficiency Act (ISTEA) for federal funding for various trail development projects in Eagan. The Fort Snelling State Park Trail Access from Rahn Road, Beau-d-Rue Drive, and Silver Bell to Nichols Road is identified as the biggest priority in the city's ISTEA application. Staff recently attended a workshop with representatives from the Minneapolis Park Board, the Minnesota Department of Natural Resources, MnDOT, Dakota County, MAC, and the Metropolitan Council. The purpose of the workshop was to identify missing links in the Minnesota River Valley Trail, and inter-agency connections for which acquisition is not funded or will require multi-agency coordination. Examples are: Minnehaha Park, the Bureau of Mines and Historic Fort Snelling, the United States Federal Building, the Polo Grounds and the City of Eagan via the Nichols Road trail and the I494 River Crossing Trail. Also proposed is a trail extension access through the U.S. Air Force Small Arms Range to connect Fort Snelling Park proper to the Minnesota Valley Trail. Those in attendance at the workshop were in agreement that the DNR's pursuit of funding a.P from the State Legislature and other networking entities by local governments would be enhanced by resolutions of support from the governing boards of coordinating agencies. for Commission Action: In consideration of this effort a draft resolution has been prepared for the Commission's consideration. If the Commission is in agreement with the resolution in support of funding for acquisition and construction of the Minnesota Valley Trail network,it is appropriate that a recommendation of support be forwarded to the City Council. DP/dj COMMISSJONMI'.TRRES.MEM RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA URGING THE EXPANSION OF FUNDING FOR ACQUISITION AND CONSTRUCTION OF THE MINNESOTA VALLEY TRAIL AND ARTERIAL CONNECTIONS WHEREAS, the Minnesota Valley Trail is a federal and state designated multi-use trail of major significance in the State of Minnesota, and WHEREAS, the City of Eagan has developed a Comprehensive Trail System Plan, the significance of which will be enhanced by the completion of the Minnesota Valley Trail, and WHEREAS,the Minnesota Valley Trail will represent a significant state recreation trail connecting other major trail systems, and WHEREAS, the Minnesota Valley Trail will compliment and enhance the City of Eagan's existing trail system by expanding direct trail access to other major trail systems, and WHEREAS, the Minnesota Valley Trail will serve as a commuter route, connecting diverse local communities and creating alternative transportation modes to employment and recreation destinations, and WHEREAS,the existing Minnesota Valley Trail segments are used extensively by City of Eagan residents who bicycle, rollerblade, hike and cross country ski, NOW THEREFORE,BE IT RESOLVED that the Eagan City Council urges the State of Minnesota and the Department of Natural Resources to acquire remaining necessary trail connections, place high priority on funding for completion of the Minnesota Valley Trail, and coordinate the effective networking of trails between affected public recreation trail providers in the Minnesota River Valley thereby improving the quality of life for present and future generations. The motion for the adoption of the foregoing resolution was introduced by and seconded by Ayes: Resolution unanimously adopted by the Eagan City Council the 15th day of December, 1992. Mayor Attest: DP/dj DIMNl:4LLEYRES Agenda Information Memo December 15, 1992, City Council Meeting RESOLUTION OF SUPPORT, TRANSPORTATION UTILITY LEGISLATION G. Resolution of Support, Transportation Utility Legislation -- Over the past several years, there has been an effort by many communities to try and have enabling legislation passed allowing cities to create a transportation utility similar to storm water, sanitary sewer, water and streetlight facilities. The renewal and replacement of these traditional facilities are financed through quarterly user fees. Similarly, as our community matures, our street infrastructure needs a dedicated and reliable source of funds to maintain and repair this transportation "utility". There have been several presentations to legislative committees to inform and educate our state representatives of this financial need. State legislators need to know that local elected officials are in support of this proposed legislation that is being presented by the City Engineer's Association of Minnesota (CEAM) and the League of Minnesota Cities (LMC). Enclosed on page 3D is a resolution of support presented for Council consideration which will be forwarded to the State in support of this enabling legislation which is expected to be considered during this next legislative session. The Public Works Director can provide additional information and background, if necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution of support for a transportation utility and authorize the Mayor and City Clerk to execute said resolution. 1G RESOLUTION # REQUEST FOR LEGISLATION TO AUTHORIZE LOCAL GOVERNMENTAL UNITS TO ESTABLISH A TRANSPORTATION UTILITY WHEREAS,the local street network is an important part of the overall transportation system servicing the general public; and, WHEREAS, the necessity to maintain this local transportation system is essential to the health, safety and welfare of all citizens; and, WHEREAS, it is recognized that local streets, like the entire transportation system, has a finite life requiring continuous maintenance and ultimate rehabilitation to maintain an adequate level of service expected of the general populace, and WHEREAS, there currently lacks an adequate dedicated, reliable and continuous source of funds necessary to finance the growing economic needs of this system, and WHEREAS, the transportation network is, in reality, a utility providing a service to the users of that system, and WHEREAS, the creation of a transportation utility would allow local governmental units a method to allow businesses and residents to participate in the maintenance and rehabilitation costs on a proportionate basis to the amount of the use of the transportation system similar to the State of Minnesota's method of financing trunk highway improvements. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan, Dakota County, hereby strongly support and encourage the State legislature to adopt and pass legislation enabling local governmental units to implement a transportation utility as would best meet the needs of the local street transportation system. Motion made by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in favor: Those against: By: Dated: Attest: CERTIFICATION I. E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1992. E.J. VanOverbeke, City Clerk Agenda Information Memo December 15, 1992, City Council Meeting RECEIVE PETITION/ORDER FEASIBILITY REPORT (ENGLERT RD) H. Project 647, Receive Petition/Order Feasibility Report (Englert Road - Streets & Utilities)--City staff has received a petition from the developer of the proposed Pondview Townhomes requesting the upgrading of Englert Road from Pilot Knob Road west to I-35E. Englert Road is necessary to provide access to this townhome development along the west edge of Fish Lake. This proposed development is being processed through the December Planning Commission meeting and it is anticipated that it will be forwarded to the Council for their consideration on January 19. With the petition, the developer has agreed to reimburse the City for all costs incurred if, for any reason, this project does not proceed. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 647 (Englert Road - Streets & Utilities) and order the preparation of a detailed feasibility report. APPROVE CHANGE ORDER #2 (WELL HOUSE #16) I. Contract 91-11, Approve Change Order #2 (Wellhouse #16)--Change Order #2 consists of three parts described as follows: Part 1: Minor watermain modification required the installation of an additional bend to locate the hydrant closer to the curb line as requested by the Fire Department. (Add $190.) Part 2: The "curb" located between the access road and the pumphouse ended up being a 3' deep by 12" wide concrete retaining wall. Subsequently, extra costs were incurred by the contractor to cut in a driveway opening. (Add $335.) Part 3: This particular contract provided for the construction of the wellhouse and the installation of related pumping facilities. Due to a 5-month delay experienced by the previous contract in the development of the well, additional costs were incurred for storage and double handling of the pumping equipment and control panels by the contractor and his subcontractors. (Add $1,086.) The total for Change Order #2 results in an additional $1,611. These costs have been reviewed in detail by the consulting engineer and Public Works Department and found to be reasonable and appropriate. Subsequently, it is being forwarded to the City Council for their favorable consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 91-11 (Pumphouse #16 and authorize the Mayor and City Clerk to execute all related documents. 31 Agenda Information Memo December 15, 1992, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (COLD STORAGE BLDG). J. Contract 93-01, Receive Bids/Award Contract (Maintenance Facility Expansion - Cold Storage Building)--At 2:30 p.m. on Thursday, December 3, formal bids were received for the Part II phased expansion of the Maintenance Facility for a Cold Storage Building. Enclosed on pages 35 and---.is a tabulation of the bids received with a comparison of the low bid to the engineer's estimate. As can be seen, the bids received were very favorable and, by the number of bidders, it appeared to be a very prudent and economic time for bidding and constructing this facility which has been identified in the 5-Year Capital Improvement Program. Because a facility of this type is usually bid on a "lump sum" basis, several alternates were broken out for separate bids to allow the City an opportunity to ensure that this facility would come within the $803,000 budget. After reviewing in detail each of the alternates, the Director of Public Works is recommending that Alternates #1, 2, 4, 5, 6, & 10 be added to the base bid and included in the contract award. Alternates #3 and #8 will be further evaluated for possible inclusion as a Change Order if warranted and allowed by budget. Alternate #9 will not be considered due to the additional cost for basically the same end product. It should be noted that the low bidder, Penn-Co Construction, is the same contractor who built the Cliff Road Water Treatment Facility recently for the City. We found their work to be very satisfactory and the company very good to work with. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 93-01 (Maintenance Facility Expansion - Cold Storage Building) and award the contract to Penn- Co Construction in the amount of the base bid plus Alternates #1, 2, 4, 5, 6, & 10 and authorize the Mayor and City Clerk to execute all related documents. 3- •-.<; g gsaa Nssffi lass li02 iffy ��Z�� 8 S C E C O O 0000 n O O WAR 0 0 gp-; oli ga e3 4 (y ii?�� X88§ gq§e+�§ {/�FRR WAR tR • 0 1 N N M N K gaud N N N N NNN 44 44 64 49 y a~ m 9 m U R�~ o e$� 4 � H8r MR l=gR M �8 a H N N 64 NN Z N�M NQ MN �MN MN M! C LL 0 O j 0� ,� u os o < mm < gQS� 5� Q gQ 5� ..w N-,- �BScd�S n m girTM -. 25 , l�l ' N N N «67, N »a». 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N N N N N M Y 4 m 8 R 8m§ 1§§§ § §§§§ 8 Q n ggggg R M Rla N ppNpp 22"2 1 4 m N NNN NN NM M c t X x x X X X X x X X X X X X 14 14 14 14 i E I = m x x x x x x x x x x x x x x x x x x x x tD m Q oz do a 4 W c a 0/2.� 3g !IC g MI It Z W 7 $0 9 �° c PA c c c 2 2 c c C 51 Flo E g . . . $ =y - 8 .8$ N 2- .T sip 18h '821 gg38 .t $ 40 t nit;k,I 2i • � . 0� ¢ yp S o -J 8 , � k Mi <0 U 1 i n tt; PA1 ilit 2821 ` gC1 it P.` m 2 a:1--------___________ Agenda Information Memo December 15, 1992, City Council Meeting VACATION/SKYLINE ROAD K. Vacate Street Right-of-Way, Receive Petition/Order Public Hearing (Skyline Road - Adjacent to Lot 11, Treffle Acres)--The City has received a petition from the owner of Lot 11, Treffle Acres, requesting the vacation of a 10' strip of Skyline Road across their frontage. This 10' strip contains a significant stand of trees which were preserved through the recent upgrade of Skyline Road by acquiring an additional 10' of right-of-way on the other side of the road and shifting the roadway to avoid disturbance. Staff has reviewed all application submittals and found them to be in order for City Council consideration of scheduling a public hearing to formally present and discuss this request after sufficient notification in the legal newspaper. It should be noted that costs were incurred by the City of Eagan in acquiring additional right-of-way to offset Skyline Road to preserve this row of trees. The City Council should determine whether this requested vacation should be conditioned upon a purchase/reimbursement for previous City costs incurred. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a portion of Skyline Road and schedule a public hearing to be held on January 19, 1993. 31) Agenda Information Memo December 15, 1992 City Council Meeting CONTRACT/BUILDING CODE ADMINISTRATION DEERWOOD MIDDLE SCHOOL L. Contractual Agreement, City of Eagan/State Building Code Administration for Eagan Middle School#3--Enclosed on pages43(o through37 is a memorandum from Protective Inspections relative to an agreement between the City and the State Building Code Administration to provide building code administration for Eagan Middle School #3, also known as Deerwood Middle School. Ordinarily, the State Building Code Division manages all school projects. They do provide for the opportunity for local governments to undertake this administration on a contract basis. Under this agreement, the City will recognize additional revenue of approximately $14,000 utilizing existing personnel. This is cost effective for the City because of its expertise in this area due to the high volume of permits which are already handled. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an agreement between the City of Eagan and the State Building Code Division for administration of the Eagan Middle School #3 project as presented. 3' MEMORANDUM TO: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: DOUG REID, CHIEF BUILDING OFFICIAL DATE: OCTOBER 28, 1992 RE: CONTRACTUAL AGREEMENT CITY OF EAGAN/STATE BUILDING CODE ADMINISTRATION EAGAN MIDDLE SCHOOL #3 The Protective Inspections Division has received a Letter Of Agreement that delegates the State Building Code Administration for public buildings to the City of Eagan for Eagan Middle School #3. The City of Eagan will attend to all aspects of State Building Code administration, including: • Preliminary plan review with Building Codes and Standards Division Plan Review staff when required by the Building Codes and Standards Division. ▪ Plan review of buildings and grounds with municipal plan review comments, designers responses, and state plan review application form signed by designer and forwarded to the Building Codes and Standards Division. • Interpretations, application, and enforcement of all code provisions. ▪ Issuance of all permit. • Documentation on file of all equivalences and modifications to code as required by UBC 105 and 106. • Maintain all records. • Issuance of certificate of occupancy with a copy informing the State Building Inspector when services are completed. The Protective Inspections Division would like to take advantage of this opportunity to provide our City with extra revenue and will accept responsibility for this project. This may result in an extra workload and if necessary, overtime may be required. It is my request that we use a portion of this extra revenue for education. Example: A valuation of$10,000,000 would bring in approximately $14,000 of revenue to the City in plan review fees. t;) LIo-t") Chieuilding fficial DR/js 3-0 STALL Ul (.1I \(sr)IA RtI1.DING CODES AND STANDARDS Department of Project: Eagan Middle School 03 Project 0: 920606 Administration Location: Eagan v. .'«° ; 1 Duties of Municipality. Please check the duties you are willing to 3' contract (a or b must be initialed by State Building Inspector) . C . 1La ..- - Y f 1 ✓ a. Attend to all aspects of State Building Code administration, J I.msV.--' including: 1. Pre4iminary-p'an w r view wtth—Baildinq-cedes--and- 40R Metro Square Standarde--B4visienPlan Review-S4aff ;:T -requi—ed--kg 7th and Rnhert Src. the Bu l a a n^ CoQ��""a -S ja�Cl.Saint Paul Minnesota 55101 Phone.1612)296 4619 FAX 1612)297-1973 2. Plan Review of building and grounds with municipal plan review comments, designers responses, and state plan review application form signed by designer and forwarded to the Building Codes and Standards Division. 3. interpretations, application, and enforcement of all code provisions. 4. Issuance of all permits. 5. Documentation on •file of all equivalences and modifications to code as required by UBC 105 and 106. 6. Maintain all records. 7. Issuance of certificate of occupancy with a copy informing the State Building Inspector when services are completed. • b. Attend to all required inspections of said building including: 1. Issuance of all permits. 2. Maintain all records. 3. Issuance of certificate of occupancy with a copy informing the State Building Inspector when services are completed. 2. All costs of building code administration shall be as prescribed by Minnesota Statute 16B.61 Subd. la. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound thereby. APOVED: APPROVED: BUILDING / FFICIAL DATE STATE BUILDING INSPECTOR APPROVED: DATE: MUNI IPAL MANAG R/ADM STRATOR DATE Form BDB0002B Page 2 3� MAIL t>I �u r:vL>o lA BUILDING coDFS AND STANDARDS Department of Administration It.) G . PROJECT NUMBER ASSIGNMENT .!;i0.7 ARCHITECT/ENGINEER : 401i Metro Square 7th and Rnhen Sts. DATE : 10/22 _92 Saint Paul, Minnesota 55101 Wold Association Arch's BY : Phone:1612)97-1979 6 W 5th St. Suite 520 �' FAX 16121 297-1977 St.Paul MN 55102 PROJECT : Eagan Middle School #3 LOCATION: Eagan PLAN REVIEW NUMBER: 920606 Date received : 10/22/92 This project submittal has been received by this office and assigned: ******************************** * PLAN REVIEW NUMBER 920606 * ******************************** This number MUST be used on all correspondence, addenda, change orders, inquiries, etc. to assure prompt and proper processing and tracking of your submitted material. Form BDB0002C 3S ciAll ■l-MI'.■i SOIn Rl'II DING CON'S AND STAND\RhS Department of Administration tiT ��' LETTER OF AGREEMENT 16 "� �; DELEGATION OF STATE BUILDING CODE ADMINISTRATION �� '" FOR PUBLIC BUILDINGS -- MINNESOTA STATE STATUTE 16B.61 Subd. la X1868'. MUNICIPALITY, circle one (city, county, township) 40/1 Metro Square 7th and Robert Sts Reid, Douglas Michael DATE : 10/22/92 Saint Paul. Minne,nta SS101 City O f Eagan Mont 16121 296-4619 FAX (6121"297.1973 3830 Pilot Knob Road Eagan MN 55122 PROJECT : Eagan Middle School #3 LOCATION: Eagan COUNTY: Dakota County State Project Number: 920606 This letter shall serve as a contractual agreement pursuant to Minnesota Statute 16B.61 Subd.la, between City of Eagan and the Commissioner of Administration for transfer of State Building Code administration from the Minnesota Department of Administration to the municipality for the public building project described in this agreement. THIS AGREEMENT MUST BE RETURNED WITHIN 15 WORKING DAYS. Form BDB0002B Page 1 31 Agenda Information Memo December 15, 1992 City Council Meeting RESOLUTION/WETLANDS CONSERVATION ACT M. Resolution, City of Eagan Po ition Regarding,Permanent Rules for Wetlands Conservation--Enclosed on pages (( through `( q is a memorandum from Water Resources Coordinator Brasch relative to proposed issues regarding the Wetlands Conservation Act. As outlined in the memorandum, the rules being promulgated under the Wetlands Conservation Act present practical and technical difficulties which substantially exceed the purposes and needs identified in the legislation. Further, the effect of the regulations would be to substantially inhibit the City's award winning water quality management program and complicate the development process while being counter productive to the intent of the law to restore and maintain quality water bodies within the state. Also enclosed on pagesq(through .4(0from the firm of Larkin Hoffman Daily and Lindgren which has been coordinating the work of the Urban Wetland Management Coalition. A group of planners and water quality professionals who share our City staff concerns relative to the act. The coalition has prepared a position statement for presentation at the public hearing on the rules set for December 17, 1992. Enclosed on pages 4 -7 through 4/is a resolution covering that position statement and adopting it as the City's position in this regard. The exhibit to the resolution is in the process of being finalized and will be distributed to the City Council prior to the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution for the City of Eagan's positions regarding permanent rules for wetlands conservation as presented. Lc-o -I C fl -- F� TO: KEN VRAA, DIRECTOR PARKS AND RECREATION DEPARTMENT FROM: RICH BRASCH WATER RESOURCES COORDINATOR RE: COORDINATION OF INPUT ON PROPOSED PERMANENT RULES FOR WETLANDS CONSERVATION ACT. DATE: NOVEMBER 19, 1992 Background As you' ll recall, we met on November 2 to discuss the proposed rules for the permanent program phase of the Wetlands Conservation Act. At that time, I alluded to several different provisions of both the Act and the proposed rules which I felt should be of concern to the City. One of the items we agreed on in that meeting was that I would do more work to outline the issues of concern on which we should consider commenting and investigate possibilities for coordinating our comments with others having similar concerns. Proposal for Comment Forum I have just returned from a morning meeting whose objective was to decide whether to form a public-private sector coalition made up of concerned cities, counties, watershed districts, water management organizations, property owners, and developers to participate in the rulemaking process for the permanent program of the WCA. If we are to participate in this coalition, we will have to commit between $750-$1, 000 to help fund preparation of a position paper by the coalition that will presented at the public hearing on the rules on December 17 , 1992 . A working group of the coalition is developing a platform that outlines the general principles that will form the foundation for the coalition's work. The platform will be sent out for review sometime next week. I will need to provide some indication of our willingness to participate by Wednesday, November 25. If we are amenable to participation, I could condition our firm commitment of contributing funds on a review and acceptance of the coalition platform. While I still recommend submitting comments as a City and as part of the Gun Club Lake WMO, the general consensus is that a broad- based coalition such as the one proposed above stands the best chance of presenting common concerns that will result in changes in the rule. The same approach could be used to pursue changes in the statute over the long term, and the City could participate if we thought it appropriate. For the next month, however, the emphasis of the coalition would be to focus on convincing BWSR to make changes to the rule. Major Issues With this proposal in mind, I would like to review a few of the major concerns I have with the proposed rules (and in some cases, the statute) . Please keep in mind that the rule itself is 86 pages and that I am hitting only some of the major problem areas. Many of these concerns have been expressed by other entities and are para-phrased here. 1. Under the interim program, we had considerable discretion to tailor wetland replacement plans to complement our water quality program goals and meet the 1 acre for 1 acre replacement requirement under this phase. We did this by allowing constructed on-site detention basins for water quality-if constructed to NURP standards-to be used to also satisfy wetland replacement requirements. The ponds were generally constructed with a shallow bench to facilitate growth of emergent vegetation, then dropped off to the deeper water that performed most of the pollutant removal function. While it was difficult to mistake them for a natural wetland, the ponds were undeniably effective in performing water quality and flood control functions that natural wetlands perform in an urban environment. Under the permanent program, detention basins will not qualify for wetland replacement. The scientific basis for this position is unclear. I would argue that a properly designed detention basin is often more efficient at performing the primary functions of water quality treatment and flood control than many natural wetlands. The result will be that a developer or other property owner could be required to provide both an on-site treatment pond and wetland replacement on the same site. The result will be a further shrinkage in developable areas, with no apparent benefit to priority resources in many cases. 2 . Even though the size, type, and location of wetlands affect their function and value differently, all wetlands are created equal in the eyes of the WCA. This simply does not make sense, especially in an urban environment. One key to the success of the City's water quality program is that the resources in question were classified and prioritized in the plan. This system clearly recognized that if not everything could be protected given growing population pressures, there were certain resources of high community value that were to be protected above all others. The Wetland Conservation Act doesn't allow for this, either on a local or state level. A 150 square foot, isolated, Type 1 wetland with virtually no functional value must be replaced at a minimum 2 acres for one acre ratio. (It is interesting to note that Type 1 and 2 wetlands of any size on agricultural land are largely exempt from any regulation under the act because of the intense 2 lobbying by the agricultural groups during development of the legislation. ) The best alternative to this is to allow local governments the latitude to develop their own wetland management plan that would contain an inventory and classification of resources and identify the management standards to be applied to each group. The plan would be reviewed and approved by a state oversight agency, provided it met some reasonable standards. The local . government unit would then be free to administer it's own program according to the approved plan. Local governments who elect not to develop their own program would be subject by default to the over-all state program requirements. While it is unclear whether the problem is with the rule or the statute, The current framework does not allow for development and implementation of management plans or other forms of "customized" , comprehensive wetland resource management at the local level. 3 . The wetland banking provisions that are included in the rule are overly restrictive. Only restored-not created- wetlands are eligible for deposit in the "bank" to mitigate for wetland losses. In a rapidly growing city like Eagan, I would expect that the number of wetlands whose present condition and location lend themselves to restoration is minimal. (We' ll be able to confirm whether this is the case with the inventory and classification currently underway. ) With this and other provisions, the rule basically encourages the proliferation of numerous isolated wetlands that are difficult to properly manage instead of a few larger, high quality wetlands located to maximize their important functional values and which lend themselves to management as a unit. 4 . Under the rules for the permanent phase of the program, a technical evaluation panel (TEP) composed of one BWSR staff member, one SWCD staff member, and an engineer from the local government unit must review and make a recommendation on all replacement plans. During the interim program, the technical evaluation panel was utilized only at the discretion of the LGU, such as when a particularly difficult technical issue arose. I have used the TEP twice during the interim period so far. I expect that the work load alone during the permanent program will make it very difficult for the TEP to review replacement plans in any sort of a timely manner. Since no wetland can be filled or drained until a replacement plan is public noticed and approved and the replacement wetland is in- place, unnecessary delays in public as well as private projects could be substantial. In addition, the requirement that the LGU representative be an engineer would prohibit a staff person like me from participating on the TEP. 5. The minimum replacement ratio for drained or filled urban 3 43 wetlands is 2 acres replacement wetland for every one acre of impacted wetland. For wetlands located on agricultural land, the replacement ratio is 1: 1. There is no scientific rationale underlying these different requirements in the statute. 6 . The law will be exceedingly complex and time-consuming to administer at the local level if anything but complete wetlands impact avoidance is practiced. There is some indication that groups who have exerted a major influence in drafting of the rules thus far have intentionally made wetland replacement so difficult that it is virtually impossible to complete within any sort of reasonable time frame. Because of the number and location of wetlands in Eagan, total avoidance will be virtually impossible and we will be faced with dealing with these onerous replacement provisions for public as well as private projects. Conclusion These are a few of the potential problems with the law and rules as I see them. Few people-including myself- disagree with the general "no net loss" concept or with local government involvement in administering this type of law. The problem is with the mechanics of the law and especially the rules, which are inflexible and appear to be heavily biased against urban interests. The Gun Club Lake WMO is currently compiling detailed comments on the rules and will submit those comments at the December 17 hearing. However, I think the City should seriously consider participation in the proposed coalition if we desire substantial changes in the rule to correct some of the deficiencies discussed above. I will contact you to set up a meeting early the week of November 23 . I think it might be appropriate to include Tom Hedges, Tom Colbert, and John Hohenstein as well as you, John VonDeLinde and myself. Thanks. Rich Brasch Water Resources Coordinator cc. John VonDeLinde 4 C.4 Zttt EOOd NdIZ : 9O Z6—tiZ—Ii ££EE 968 Z19 %86•2I LINDA H. FISHER Attorney at Law __ U:1LY Ll LARKIN,HOFFMAN,DALY &LINDGREN, Ltd. Ll`UGRl',N Norwest Financial Center r?r: _y< 7900 Xerxes Avenue South Bloomington,Minnesota 55431 (612)835..3800 MEMORANDUM TO: Attendees at November 19, 1992 Wetland Rulemaking Organizational Meeting and Other Interested Parties FROM: Linda Fisher- Larkin, Hoffman, Daly & Lindgren, Ltd. DATE: November 24, 1992 RE: *Urban Wetland Management Coalition Mission Statement and Wetland Rulemaking Update As many of you know, public and private sector representatives met in our office on November 19, 1992 to discuss the formation of a wetland rulemaking coalition. There was considerable interest in the concept. A working group was formed to prepare a coalition mission statement and working principles, identify and prioritize issues, establish a rulemaking strategy and critical path, and assign work tasks for a December 17, 1992 public hearing. The working group met on November 23. It formulated the enclosed mission statement and principles for your review. The next meeting of the working group is scheduled for 8:00 a.m. on Thursday, December 3, 1992 at Larkin, Hoffman offices, 1500 Norwest Financial Center, 7900 Xerxes Avenue South, Bloomington, Minnesota. Anyone who is interested is encouraged to attend. On December 3, we plan to prioritize identified rulemaking issues, establish broad themes, and work on the nuts and bolts of the rulemalcing effort, such as a critical path and alternatives to the proposed rules. The working group believes that a broad-based mix of public and private members is essential to the rulemaking effort. It distinguishes the group from other individual or single-purpose organizations that may have participated in the past. Accordingly, please advise me of your interest and that of other potential contributing members. We will report to you after the December 3 working group meeting. Thanks for your support! * The working group's first shot at the name of the public-private sector wetland rulemaking coalition. We're open, however, to other suggestions. 6 'd lcOcc109017 'ON /OZ:51 'ZS/9Z:91 Z6 ,17 '11 ( Z) NIXIE NWY+fii0H KI�EVI AC , Z4# 400d INdIZ :40 Z6-4Z—II EE££ 968 ZI9 %86■2I URBAN WETLAND MANAGEMENT COALITION MISSION STATEMENT AND WORKING PRINCIPLES Mission Statement It is the mission of the Urban Wetland Management Coalition to represent the interests of local governmental units and urban property owners, developers and businesses in meaningfully, reasonably, and economically pursuing no net loss of wetlands. Working Principles • Minimize duplicative wetland regulatory processes. • Maximize the ability of local governmental units to carry out long-term land use and water resource planning. • Ensure that the regulatory burden and cost borne by permit applicants and local governmental units bears some relation to the magnitude of anticipated impacts. • Ensure that wetland rules are consistent with the authority provided in the Wetland Conservation Act. • Ensure that the technical aspects of the wetland rules are based on sound scientific principles. • Ensure that all regulated parties are treated equally and fairly under the rules. 'd l9EZc 1 09017 '0N /OE: 1 'ZS/LE:9l E6 IP 'l 1 (3.,flpf NICE NVNIEOH YVO1. CITY OF EAGAN RESOLUTION NO. CONCERNING CITY POSITION ON THE PROPOSED PERMANENT RULES RELATING TO THE WETLAND CONSERVATION ACT OF 1991 WHEREAS, the City of Eagan has demonstrated a strong commitment to protect its water resources for the enjoyment and well-being of present as well as future generations, and WHEREAS, protection and wise stewardship of wetland resources is an important aspect of the City's natural resources management initiatives, and WHEREAS, the permanent program of the 1991 Wetlands Conservation Act will become effective on July 1, 1993 , and WHEREAS, the City of Eagan supports the concept of no net loss of wetland functions and a strong local government role in administering the Act, and WHEREAS, the City has found certain requirements of the proposed permanent rules are either not scientifically supportable or severely compromise the City's ability to effectively manage it' s water resources in a reasonable manner and in accordance with a municipal water resources management plan widely acknowledged as a model for other communities, and WHEREAS, City staff have cooperated with private and public sector representatives and water resource management professionals through the Urban Wetland Management Coalition to identify improvements necessary for reasonable and effective implementation of the Act, and WHEREAS, the Minnesota Board of Water and Soil Resources will be accepting public and agency comments on the proposed permanent rules for the Wetland Conservation Act through a public hearing and written comment process, NOW, THEREFORE BE IT RESOLVED that the City of Eagan formally supports the position statement attached as Exhibit A. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1992 . E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo December 15, 1992 City Council Meeting FINAL PLAT/TOWN CENTRE 100 11TH ADDITION N. Final Plat, Town Centre 100 11th Addition--The developer and City staff are in the process of finalizing documents relative to the above referenced final plat application. If ' all items are complete and executed in time for next Tuesday's meeting, this item will be in order for approval by the City Council. If not, it will be recommended for continuance at the time of agenda adoption. A copy of the plat as it appears for recording at Dakota County is enclosed on page 5a. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 100 11th Addition. .1- of t ;. 2, : ...: •:::: ,, - o ' ki,ir:Z ` i'otl : tt 2 ' 2 : 15'",%. ? 7,!.=';'', 01 0 4, i.■ — a- : ' "•-2 , ;',5...:= ,i . I - :-2 -- *Lo ?,- ,..: • : .;-i. I!:!! 11 AC'ej . :t - - ! E; 4 ... -- . ..-',-4 -E ' "':,•_; :Z.-''':." o m o ,... , **,, o l'. TE'•' ■=e^r °k, , e . rE .22 3 g g : 22.i. . := : .-7 :.c .›.: „ t ‘C .• -_ ; -2 •8 i 8 . 3.2 s,-- . 5 t-E. . ..- . = t'.' e U D , ,O t,! . . .• 27 :1 : ,-;,. ; 5 Ot .2, t 57ti ! 2 i '...:-' ,:. = ,.,., = --E. s' . t ,..., i=i:.:.. 1 ii.: gr':;. r“ t'°— --, o•7 —i •!g .■ -'- 2 0 i,_,., :: — . :.,:.■ -= 1 2 ■, 1-;Y.7 l' l'ilt ; 'w c . —t.: a g -iA.': t t!—.E' - i.. 5 . — "'5 .: ° „.•• g " '', r 7 ,, I V": 1- ,. . i : i ': , i' 5 :- . . - . , ,....,. t . ...., • • 1 .g it727 .2 It -3. r 3.t--5'5 *41 1.":2 ! ! ;= • tEz ;- 2' :-. I ! 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I . o "3"2r71 ,005:ra,,--z _.1-1-) 8 ..os . ,A.c.1.' - - (_-_, :c q 1 ! ., . 1 ' 1 -3.:•:e..''---- ' 0,.. i I ,T--- .1 n e ,, ..,„,,,, 11 (r, <lc, ■7 --'-f-r—.-1-...... ,,,- Cr i :, i" 7 :`; 4 Iii! ...,.. 1 -■_ 1 moole ::., 1 3 — 1 , ••••'''.'Olt 1 I 101 ?' ': 0 n le, is i• ' -- 1 . 4 ...-...,--___---_-. , ' 7J C)■60.` 1 A F2 c_-2 :3: ? .: , . _. ! -- L:; c., c:,, •,.......0. o , es 1 , - L_ 3„9•007.00.-• 3.....0,41-_,,-.(: _7----- _ '------ 1 • . Xi' I ...: _______-=ow,-- I . 000.-0 ...,:9 .0 4,,__ loses ...7...___ _..... _;1/4:, ,,z.z, .10 Z -70F., C•I' ---- -- 00 Obi --- —m...-......., , f.„94,ZSA _, L!J ....I 7- 2 —' c4 • ,14 I Z n 0 < 1...' --.7 1-- -, •.; Agenda Information Memo December 15, 1992 City Council Meeting FINAL PLAT/OAK CLIFF 7TH ADDITION O. Final Plat, Oak Cliff 7th Addition--The developer and City staff are in the process of finalizing documents relative to the above referenced final plat application. If all items are complete and executed in time for next Tuesda s meeting, this item will be in order for approval by the City Council. If not, it will be recommended for continuance at the time of agenda adoption. The applicant, Brian Mangini, has indicated a desire that the final plat and on-sale liquor license application be considered in light of one another since the banquet hall anticipated by the final plat would have limited value absent the on-sale liquor license. Therefore, each application should be contingent upon approval of the other. A copy of the plat as it appears for recording at Dakota County is enclosed on page SL. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Oak Cliff 7th Addition. ; 3 . : • ; I il 1r! I I I `AO • g i i ! -!. 3 ii 1 s • i: I v.:: : 1. . • •t- : 7 i : : --- ,I.7 : 1 != 7.7 6 _ 1' ii: • !; :i . i I. : . : tii .: I- i II ; 01 I 1 • : i-1 i • .: F• I i s :1 fI •; - I•' • LI, ; . 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Agenda Information Memo December 15, 1992 City Council Meeting BUDGET ADJUSTMENT/EROSION SEDIMENTATION CLEAN-UP P. Budget Adjustment for Erosion Sedimentation Clean-Up--The City of Eagan has studied . an appropriate dedicated source of financing for building construction related erosion clean- up from public streets and trailways. The clean-up has traditionally been performed through a combination of City staff and contractual services. In 1990, there was $0 budgeted for this clean-up cost. The actual cost to the City for this task in 1990 was $33,350. In 1991, $16,000 was budgeted and was spent. In 1992, $8,000 was budgeted. However, there was an actual total cost to the City of $15,800 for this task during 1992. In the 1993 budget, $8,000 has again been budgeted. However, the storm water utility fee has been increased from $4.56 to $5.00 .,-)er quarter which will generate an additional estimated $44,000. In addition, on Nove&sex 17, the City Council approved a new percentage distribution of the storm water utility e revenues as they are allocated to the operating budget, renewal and replacement, or expLrision and modification. The effect of these actions results in revenues exceeding the projec end 1993 budget for operational expenditures. Therefore, it is staff's recommendation that the 1993 street sweeping budget under the storm water utility budget (#64) for object #4471 (which is street sweeping) should be adjusted by an additional $8,000 to a total of $16,000 which will be allocated for this item. ACTION TO BE CONSIDERED ON THIS ITEM: To adjust the 1993 storm water utility budget (#64) for object #4471 (street sweeping) by an additional $8,000 bringing the total to $16,000 for this object. Agenda Information Memo December 15, 1992 City Council Meeting RECYCLING ENCLOSURE ENFORCEMENT Q. Solid Waste Abatement Co ission Recommendation - Recycling Enclosure Enforcement--Enclosed on page 5 is a memorandum from Recycling Coordinator Hageman outlining a recommendation by the Solid Waste Abatement Commission relative to enforcement of outdoor storage enclosures for recycling containers. As outlined in the memorandum, the City has previously adopted a requirement that refuse haulers make recycling service available to commercial accounts no later than January 1, 1993. While this program remains voluntary on the part of the City's businesses, it is anticipated that substantial additional commercial recycling will occur as a result. Since all refuse and recycling containers are required to be within an enclosure by the City Code, it was the concurrence of the Solid Waste Abatement Commission, Economic Development Commission and Advisory Planning Commission that the enclosure requirement should be phased in for new recyclers to permit them to adequately analyze their space needs and accomplish expansion or construction of their refuse and recycling enclosures. Therefore, the Solid Waste Abatement Commission is recommending that business recyclers be required to come into compliance with the outside storage/enclosure requirement no later than July 1, 1994 for reasons outlined in the memorandum. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Solid Waste Abatement Commission with respect to enforcement of the outdoor storage enclosure requirement for recycling containers over a period of 18 months beginning January 1, 1993 through July 1, 1994. MEMO TO: CITY ADMINISTRATOR HEDGES HONORABLE MAYOR AND COUNCIL MEMBERS FROM: RECYCLING COORDINATOR HAGEMAN DATE: DECEMBER 2, 1992 SUBJECT: COMMERCIAL RECYCLING ENCLOSURE ISSUE/ RECOMMENDATIONS FROM THE SOLID WASTE ABATEMENT COMMISSION As you know, over the last several months, staff has been reviewing the issue of enclosure requirements for commercial establishments as they relate to expanded recycling activity. In addition, a special work group was formed with members of three advisory commissions to also review the storage and screening requirements already in place in our city code. This work group consisted of two representatives from the Solid Waste Abatement Commission, the Economic Development Commission and the Advisory Planning Commission. The work group formulated two recommendations which the Solid Waste Abatement Commission approved at its November 17th meeting. The first, enforcement of the storage enclosure ordinance as it applies to recycling should begin eighteen months from January 1, 1993 when the commercial recycling ordinance goes into effect. This ordinance requires that all refuse/recycling haulers make recycling opportunities available to all commercial accounts no later than January 1, 1993 . The recommendation for the eighteen month time frame was made for a number of reasons: 1. This timeframe encompasses the various fiscal cycles for different businesses, 2 . this should be adequate time for businesses to reexamine their waste disposal and recycling needs, 3 . the deadline falls within the building season and enclosure construction should not present an undue burden due to weather, and 4 . this should allow enough time for any lease modifications in multi- tenant facilities. Secondly, the work group also recommended that City staff develop enclosure design alternatives to aid businesses with their space needs. The Solid Waste Abatement Commission voted in favor to forward the Business Recycling/Enclosure Work Group's recommendation,to the City Council. Steps will be taken to inform both the business community and licensed haulers of the requirements and enforcement deadlines in addition to developing some guidelines for space needs and enclosure design. If you have any additional comments on the recommendation or need further information, please let me know Recycling Coordinator cc: Acting Community Development Director Hohenstein Agenda Information Memo December 15, 1992, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE MAINTENANCE (LEXINGTON PTE 7TH ADDN R. Contract 90-X, Acknowledge Completion/Authorize Maintenance (Lexington Pointe 7th Addition - Streets & Utilities)--Public streets and utilities for the above-referenced subdivision were installed privately by the developer under the terms and conditions of the development agreement (Contract 90-X). We have received a request from the developer for formal acknowledgement of satisfactory completion of these obligations. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Acknowledge completion of Contract 90-X (Lexington Pointe 7th Addition - Streets & Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions of the development contract agreement. S. Galaxie Cliff Plaza - Declare Development in Default/Authorize Liquidation of Financial Security--After repeated requests by the City, the developer of the Galaxie Cliff Plaza Addition has failed to provide the City with the proper "as-built" record plan drawings for the public streets and utilities that were installed privately under the terms and conditions of the development agreement. Therefore, it has become apparent that the City will need to declare this development in default of its development contract obligations so that the financial security can be liquidated and the City staff can contract the work to ensure timely and satisfactory completion of these as-built record plan drawings. ACTION TO BE CONSIDERED ON THIS ITEM: Declare the developer of the Galaxie Cliff Plaza Addition in default of their development contract obligations and authorize the liquidation of financial security to cover all costs associated with curing this default. FINAL PYMT/ACCEPTANCE (ELRENE & 'TRAILS END RD), T. Contract 91-03, Final Payment/Acceptance (Elrene & Trails End Road - Streets & Utilities)--The City has received a request for final payment from the contractor of the above-referenced public improvement along with the certification from the consulting engineer of satisfactory compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 11th and final payment for Contract 91-03 (Elrene & Trail End Road - Streets & Utilities) in the amount of $16,281.43 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to appropriate contract warranty provisions. j(4, Agenda Information Memo December 15, 1992 City Council Meeting CONT. 89-13, APPROVE CHANGE ORDER #11 (CLIFF ROAD WATER TREATMENT FACILITY U. Contract 89-13,Approve Change Order#11 (Cliff Road Water Treatment Facility)-- In preparation of closing out the above referenced lump sum contract, it is necessary to process a Final Change Order addressing several miscellaneous work efforts necessary to complete and close out this contract. The tot l amount of this Change Order results in an additional $9,225.29. Enclosed on pages 57 through 62 0 is a detailed description of the 11 items comprising this Change Order. This Change Order combined with the previous ten Change Orders resulted in a total addition of $38,286.00 which is less than 1/2% of the total lump sum contract. For a contract of this magnitude and complexity bid on a "lump sum" basis, this is very favorable. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #11 to Contract 89-13 (Cliff Road Water Treatment Facility) and authorize the Mayor and City Clerk to execute all related documents. CHANGE ORDER DATE: December 8, 1992 CO°1141 PLACE: Eagan, Minnesota FILE NO: 49500-CO PROJECT: Cliff Road Water Treatment Facility PROJECT NO. : 548; CONTRACT NO. : 89-13 CONTRACTOR: Penn-Co Construction, 1301 Corporate Dr, Ste 150, Eagan, MN 55121 BOND CO. : c/o Penn-Co CHANGE ORDER NO. : 11 (Final) DESCRIPTION OF WORK: Total Change Order Item Amount ITEM 1 - INSTALL UNDERGROUND WIRING TO THE RETAINING WALL LIGHT (W.R. 139-REVISED) Install the underground conduit and electrical wiring necessary to operate the light on the retaining wall added by Work Request No. 62. W.R. #39-REVISED - LUMP SUM ADD $904.00 ITEM 2 - TRANSFER 5 TREES TO NORTH EDGE OF PARKING LOT (W.R. 163) Transfer four (4) spruce trees and one (1) pin oak from the northwest corner of the skating rink to the north edge of the parking lot. This work was necessary to accomodate a larger skating rink. W.R. 163 - LUMP SUM ADD $539.00 ITEM 3 - CORE DRILL HOLE IN MECHANICAL ROOM FOR DEHUMIDIFIER VENT (W.R. 168) Core drill a 12 inch hole in the cast-in-place concrete ceiling of the Mechanical Room for installation of the dehumidifier reactivation exhaust air duct. W.R. /68 - LUMP SUM ADD $736.39 ITEM 4 - CREDIT FOR BITUMINOUS RE-TESTS (W.R. 169) Credit for the cost of bituminous compaction re-testing. W.R. 169 - LUMP SUM DEDUCT -$616.10 ITEM 5 - ADD 1 ANTENNA & RELOCATE 1 ANTENNA (W.R. 171) Add one (1) antenna, mast, conduit and co-axial cable and relocate one (1) antenna because of difficulties in reception. W.R. /71 - LUMP SUM ADD $979.00 7511 P CHANGE ORDER DATE: December 8, 1992 PLACE: Eagan, Minnesota FILE NO: 49500-CO PROJECT: Cliff Road Water Treatment Facility PROJECT NO. : 548; CONTRACT NO. 89-13 CONTRACTOR: Penn-Co Construction, 1301 Corporate Dr, Ste 150, Eagan, MN 55121 BOND CO. : c/o Penn-Co CHANGE ORDER NO. : 11 (Final) Total Change Order Item Amount ITEM 6 - ADDITIONAL SOD (W.R. /73) The total amount of sod placed was field measured to be 13,820 square yards (SY) . The bid included an estimate for 10,730 SY. The value of the additional quantity of sod placed at the bid unit price is 3,090 SY @ $1.18 which totals $3,646.20. W.R. - LUMP SUM ADD $3,646.20 ITEM 7 - ADDITIONAL SEED (W.R. /74) The total amount seeded was field measured to be 7,470 SY. Compensation is due for only 5,530 SY due to poor germination in some areas. The bid included an estimate for 4,030 SY. The value of the additional quantity seeded at the bid unit price is 1,500 SY @ $0.28 which totals $420.00. W.R. /74 - LUMP SUM ADD $420.00 ITEM 8 - REPAIR/REPLACE ITEMS DAMAGED BY SNOW PLOW (W.R. / 75) Repair/replace underbedding poly damaged by snow removal equipment at the corner of Cliff Road and Pilot Knob, the entrance at Pilot Knob, around the pumphouse and by the transformer. W.R. 75 - LUMP SUM ADD $53.65 ITEM 9 - REPAIR/REPLACE SHREDDED BARK DAMAGED BY SNOW PLOW (W.R. /76) Replace the shredded bark damaged by snow removal equipment at the entrance at Pilot Knob, around the pumphouse and by the transformer. U.R. 176 - LUMP SUM ADD $477.15 ITEM 10 - RIPRAP (W.R. 177) Install 20 Ton of riprap at $33.85/Ton along the north side of the clearwell overflow structure. W.R. /77 - LUMP SUM ADD $677.00 �� vl 1 CHANGE ORDER DATE: December 8, 1992 PLACE: Eagan, Minnesota FILE NO: 49500-CO PROJECT: Cliff Road Water Treatment Facility PROJECT NO. : 548; CONTRACT NO. : 89-13 CONTRACTOR: Penn-Co Construction, 1301 Corporate Dr, Ste 150, Eagan, MN 55121 BOND CO. : c/o Penn-Co CHANGE ORDER NO. : 11 (Final) Total Change Order Item Amount ITEM 11 - TOPSOIL (W.R. 178) Provide, spread and compact 110 CY of topsoil at $12.81/CY before seeding and sodding the svale constructed for W.R. #28. W.R. #78 - LUMP SUM ADD $1,409.00 TOTAL CHANGE ORDER NO. 11 - ADD $9,225.29 ORIGINAL CONTRACT AMOUNT $8,094,000.00 PREVIOUS CHANGE ORDERS 29,061.12 THIS CHANGE ORDER NO. 11 - ADD 9,225.29 REVISED CONTRACT AMOUNT $8,132,286.41 Recommended for Approval by: BONESTROO, ROSENE, ANDS ATES, INC. By Approved by: PENN-CO CONSTRUCTION By Approved by: CITY OF EAGAN, MN By Mayor Distribution 1 - City By , Clerk 1 - Bonding Co. 1 - Contractor Date: 1 - BRA Agenda Information Memo December 15, 1992 City Council Meeting RESOLUTION/DENIAL OF CONDITIONAL USE PERMIT/BLACKHAWK PLAZA V. Resolution Denying a Conditional Use Permit for Outdoor Storage in a Neighborhood Business District Located on Lots 4 and 5, Block 1, Blackhawk Plaza--At its regular meeting of December 1, 1992, the City Council denied a conditional use permit for outdoor storage in a neighborhood business district located on Lots 4 and 5, Block 1, Blackhawk Plaza and directed staff to prepare a resolution reflecting the findings in that regard. Enclosed on pages through 43 is a copy of that resolution for your review. It is in order for ratification at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ratification of the Blackhawk Plaza outdoor storage conditional use permit denial resolution as presented. CI ( 1 SENT BY: 12-10-92 ; 2:45PM ;SEVERSON WILCOX SHEL 612 681 4612;# 4/ 5 CITY OP EAGAN RESOLUTION RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE IN A NEYGBORHOOD BUSINESS DISTRICT LOCATED ON LOTS 4 AND 5, BLOCK 1, BLACKHAWK PLAZA. WHEREAS, under Chapter 11 of the Eagan City Code, no outdoor storage shall be permitted in a neighborhood business unless a conditional use permit has been granted by the Eagan city council pursuant to Section 11.10, Subd. 29 and Section 11.40, Subd. 4 of the Eagan Code of Ordinances; and WHEREAS, Tom Thumb stores submitted an application requesting a conditional use permit to allow outdoor storage on the sidewalk in front of the Yankee Square Tom Thumb store located on Lots 4 and 5, Block 1, Blackhawk Plaza; and WHEREAS, a public hearing was held before the Eagan Advisory Planning Commission on July 28, 1992 to consider the application for a conditional use permit to allow outdoor storage as requested by Tom Thumb stores; and WHEREAS, the Eagan Advisor Planning Commission recommended to deny Tom Thumb store's request for a conditional use permit; and WHEREAS, the request by Tom Thumb for a conditional use permit to allow outdoor storage was heard before the Eagan city Council at its regular scheduled meeting of December 1, 1992; and WHEREAS, at the December 1, 1992 meeting, the Council took testimony from all interested parties and considered the matter in conjunction with all the files, records and prior proceedings. NOW, THEREFORE, based on the foregoing facts, be it resolved by the City Council, City of Eagan, Dakota County, Minnesota to deny Tom Thumb store's application for a conditional use permit to allow outdoor storage in a neighborhood business district located on Lots 4 and 5, Block 1, Blackhawk Plaza; based on the following: 1. The outside storage requested was to consist of three storage locations involving: a metal ice cooler; a steel cabinet to house propane cylinders; and a corral style enclosure made of treated lumber for storing seasonal merchandise (e.g. salt pellets, fire wood, windshield solvent) . R=95% 612432 3780 12-10-92 01 :45PM P004 #19 SEE BY: 12-10-92 ; 2:46PM ;SEYERSON WILCOX SHEL-i 612 681 M31245/ 5 2. That the enclosures sought to be used by Tom Thumb were not appropriate in relation to the building wherein the Tom Thumb store is located. 3. The placement of the enclosure upon the sidewalk in front of the Tom Thumb store would interfere with pedestrian traffic at this location. 4 . The location of the proposed outdoor storage in front of the building would create a safety hazard involving vehicular or pedestrian movement. 5. Outdoor storage at this location would have a negative affect on the aesthetics of the area and would be inappropriate. BE IT RESOLVED by motion made by Wachter, seconded by McCrea, the Eagan City Council did deny a conditional use permit to allow outdoor storage (vote 4 to 0) . ADOPTED this day of , 1992. CITY OF EAGAN By: Thomas A. Egan Its: Mayor ATTEST: By: E. J. VanOverbeke Its: city Clerk CO3 R=95% 612 432 .3780 12-10-92 01 :45PM P005 #19 Agenda Information Memo December 15, 1992 City Council Meeting RESOLUTION/DENIAL OF CONDITIONAL USE PERMIT/ BICENTENNIAL FIRST ADDITION W. Resolution Denying a Conditional Use Permit for Outdoor Storage in a Neighborhood Business District Located on Lot 1, Block 1, Bicentennial First Addition--At its regular meeting of December 1, 1992, the City Council denied a conditional use permit for outdoor storage in a neighborhood business district located on Lot 1, Block 1, Bicentennial First Addition and directedqaff to pr pare a resolution reflecting the findings in that regard. Enclosed on pages 6 , through ( is a copy of that resolution for your review. It is in order for ratification at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ratification of the Bicentennial First Addition outdoor storage conditional use permit denial resolution as presented. ((. Ili l9 SENT BY: 12-10-92 ; 2:45PM ;SEVERSON WILCOX SHEL-■ 612 681 4612;# 2/ 5 CITY OF EAGAN RESOLUTION RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE IN A NEIGBORHOOD BUSINESS DISTRICT LOCATED ON LOT 1, BLOCK 1, BICENTENNIAL FIRST ADDITION. WHEREAS, under Chapter 11 of the Eagan City Code, no outdoor storage shall be permitted in a neighborhood business unless a conditional use permit has been granted by the Eagan City Council pursuant to Section 11.10, Subd. 29 and Section 11.40, Subd. 4 of the Eagan Code of Ordinances; and WHEREAS, Tom Thumb stores submitted an application requesting a conditional use permit to allow outdoor storage on the sidewalk in front of the Yankee Square Tom Thumb store located on Lot 1, Block 1, Bicentennial First Addition; and WHEREAS, a public hearing was held before the Eagan Advisory Planning Commission on July 28, 1992 to consider the application for a conditional use permit to allow outdoor storage as requested by Tom Thumb stores; and WHEREAS, the Eagan Advisor Planning Commission recommended by a vote of six to one to deny Tom Thumb store's request for a conditional use permit; and WHEREAS, the request by Tom Thumb for a conditional use permit to allow outdoor storage was heard before the Eagan City Council at its regular scheduled meeting of December 1, 1992; and WHEREAS, at the December 1, 1992 meeting, the Council took testimony from all interested parties and considered the matter in conjunction with all the files, records and prior proceedings. NOW, THEREFORE, based on the foregoing facts, be it resolved by the City Council, City of Eagan, Dakota County, Minnesota to deny Tom Thumb store's application for a conditional use permit to allow outdoor storage in a neighborhood business district located on Lot 1, Block 1, Bicentennial First Addition; based on the following: 1. The outside storage requested was to consist of three storage locations involving: a metal ice cooler; a steel cabinet to house propane cylinders; and a corral style enclosure made of treated lumber for storing seasonal merchandise (e.g. salt pellets, fire wood, windshield solvent) . .o � R-95% 612 432 3780 12-10-92 01 :45PM P002 #19 SENT BY: 12-10-92 ; 2:45PM ;SEVERSON WILCOX SHEL-0 612 681 4612;# 3/ 5 2. That the enclosures sought to be used by Tom Thumb were not appropriate in relation to the building wherein the Tom Thumb store is located. 3. The placement of the enclosure upon the sidewalk in front of the Tom Thumb store would interfere with pedestrian traffic at this location. 4. The location of the proposed outdoor storage in the middle of a strip shopping center building would create a safety hazard involving vehicular or pedestrian movement. 5. Outdoor storage at this location would have a negative affect on the aesthetics of the area and would be inappropriate. BE IT RESOLVED by motion made by Wachter, seconded by McCrea, the Eagan City Council did deny a conditional use permit to allow outdoor storage (vote 4 to 0) . ADOPTED this day of , 1992. CITY OF EAGAN By: Thomas A. Egan Its: Mayor ATTEST: By: E. J. VanOverbeke Its: City Clerk R-95% (1r2 432 3780 12-10-92 01 :45PM P003 #19 Agenda Information Memo December 15, 1992 City Council Meeting PUBLIC HEARING There are no public hearings scheduled at this time. 6. 7 Agenda Information Memo December 15, 1992 City Council Meeting OW MMUS ON-SALE LIQUOR LICENSE/BRIAN MANGINE/HALL & CONVENTION CENTER A. License, On-Sale Liquor, Brian Mangine/Hall & Convention Center,Inc., Lot 1, Block 1, Oak Cliff 7th Addition--If the final plat,for Oak Cliff 7th Addition was approved in the Consent Agenda, the following item is in order for consideration. If not, it should be continued until the final plat is approved. The City has received an on-sale liquor license application from Brian Mangine for a meeting hall and convention center which is scheduled to be located on a private drive west of the SuperAmerica Station and adjacent, but greater than 300 feet away from Mary, Mother of the Church. (The Church is agreeable to location of the center provided the church can use the parking lot for overflow parking.) The on-sale liquor license application is only for the assembly hall/banquet facility which will be contained in the building. Most of the business from this facility will come from weddings and business meetings. The police have reviewed the application and find no reason to deny the application. A copy of the a lication is enclosed without page number for your review. In addition, enclosed on page &'jis a copy of a memo from Administrative Assistant Witt regarding this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the on-sale liquor license and Sunday liquor license for Brian Mangine for a hall and convention center in Oak Cliff 7th Addition. 6g December 10, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: ON-SALE LIQUOR LICENSE & SUNDAY LIQUOR HALL & CONVENTION CENTER, INC. dba SOUTH METRO HALL & CONVENTION CENTER, OAK CLIFF 7th ADDITION The convention center is to be located on a private drive west of the Superamerica station and adjacent to, but greater than 300 ' away from, Mary, Mother of the Church. The church is agreeable to the location of the center provided the church can use the parking lot for overflow parking. The convention center will be 11, 000 square feet in size. A small area at the front of the building will be a carry- out restaurant . No seating or liquor will be available here. The remainder of the building will be an assembly hall/banquet facility. Most of the business will come from weddings and business meetings. Liquor will be available only in conjunction with banquet events . The center is to be constructed next year with opening tentatively set for summer or fall. The police review finds no reason to deny the application. FYI : By state statute, Eagan is allowed 18 on-sale liquor licenses until the population reaches 45, 000. For each 2500 increase thereafter, another license may be issued. With the issuance of this on-sale license, the City will have 15 active licenses . The three (3) licenses yet available are earmarked for hotels, according to existing code. (See attached. ) There are no applications pending, but the next interested party could well ask the Council to change the remaining license designation from hotel to other category, or, could ask for more licenses based on population increases. CO Agenda Information Memo December 15, 1992 City Council Meeting ::` SIN PRELIMINARY PLAT/BRAUN SUNRISE 2ND ADDITION A. Preliminary Plat, Braun Sunrise 2nd Addition/Henry A. Braun,of Three Single-Family Lots on Approximately 2.3 Acres Located Along the South Side of Braun Court, East of Pilot Knob Road in the Southwest Quarter of Section 15--At its meeting of November 24, 1992, the Advisory Planning Commission considered a preliminary plat for Braun Sunrise 2nd Addition as described above. For additional information with respect to this application, please refer to the Community Development Department staff re ort which is e��c�l sed on pages`?/ through, / for your review. Also enclosed on pages)( -through kris a copy of the APC minutes for this item. Please note that the APC/is reco ending approval subject to the conditions noted. Also enclosed on pages (S through is a supplemental memorandum from the Community Development Department indicating that the access to Pilot Knob Road required for Lot 3, Block 1 has been approved by the County Plat Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Braun Sunrise 2nd Addition as presented. SUBJECT: PRELIMINARY PLAT BRAUN SUNRISE 2ND ADDITION APPLICANT: HENRY BRAUN LOCATION: LOT 1, BLOCK 1, BRAUN SUNRISE ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: NOVEMBER 24, 1992 DATE OF REPORT: NOVEMBER 16, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Nat for three single family lots located along the east side of Pilot Knob Road, north of Wescott Road. EXISTING CONDITIONS: The zoning surrounding the proposed plat is Planned Development single family on the east and south, Agriculture to the south, and R-1 single family to the west and north. The City's current Comprehensive Land Use Guide Plan designates the area as D-1, Single Family (0-3 units/acre). There is an existing home on Lot 1, Block 1, which will remain. BACKGROUND: In 1980 Braun Sunrise Addition was platted. The four lot subdivision is located west of Drexel Court, south of Braun Court, and east of Pilot Knob Road. Lot 1, (the largest of the lots at 101,564 sq. ft.) is what is currently being proposed to be subdivided into Braun Sunrise 2nd Addition. In 1988 the applicant received a Waiver of Plat, acquiring an 837 sq. ft. triangular portion of property from Lot 2 of Braun Sunrise Addition. In exchange, the north property line of Lot 2 was modified to include a 5' strip of property (835 sq. ft.). This explains the unusual east property line configuration. COMMENTS: The proposed three lot plat is located on Lot 1 and part of Lot 2, Braun Sunrise Addition. Lot 2 slopes down from Braun Court and from the west property line. The rear portion of Lot 2 and the westerly property line are wooded with the north one- third of the lot being grassy. The single family lots range in area from 23,164 sq. ft. to 34,996 sq. ft., exceeding the 12,000 sq. ft. minimum lot size. Lots 1 and 2, Block 1, will take access from Braun Court. Lot 3, Block 1 (a flag lot), is proposing to take access from Pilot Knob Road. This lot does not meet the minimum 50' lot frontage requirement along Pilot Knob Road. A Variance of 20' shall be required. GRADING/DRAINAGE/EROSION CONTROL: The grading that will be required for the proposed two new houses will be done on an individual lot basis with the building permit. The preliminary plat submittal did not include a detailed grading, drainage and erosion control plan showing the amount of disturbance that the proposed houses will have on the existing woods and terrain of the area. The applicant did submit a layout that shows the approximate locations of the proposed houses and the elevations of the houses. No grading is proposed to be done on Lot 1 where the existing house is located. The house on Lot 2 is proposed to be built in an existing low area that is drained by a 12" R.C.P. culvert that drains across Braun Court and into Fish Lake, Pond JP-4, which is a designated ponding area on the City's Comprehensive Stormwater Management Plan, The low area on Lot 2 does not have an emergency overland spillway until the water would build up high enough to cross Braun Court which is at elevation 864. The proposed house on Lot 2 shall be constructed 3 feet above the freeboard elevation of the 100-year high water level of the low area on Lot 2. Preliminary calculations show that the high water level of the low area during a 100-year event will reach elevation 860. Therefore, the minimum lowest entry level for the house on Lot 2 shall be at elevation 863. The location of the house on Lot 2 will require fill to be placed in the low area to construct the proposed driveway and house. The fill will require the extension of the existing 12" storm sewer that drains the low area. Also, the fill will require the removal of some trees that provide a nice buffer along the west side of the lot. The construction of the house on Lot 2 shall allow the drainage to be maintained across Lot 2 to the existing storm sewer system that drains this area of 2.8 acres. The proposed house on Lot 3 is shown to be located on the east end of the lot and is proposed to have a long driveway to Pilot Knob Road. The construction of the house and driveway will require the removal of a number of trees that are located on this lot. The driveway out to Pilot Knob Road will require a culvert under the driveway to convey the drainage from the property to the south of Lot 3 to be conveyed in a northerly direction. Since this development drains directly to Fish Lake, the proposed house builder shall take special care in preventing erosion from these proposed houses. A permanent vegetative cover shall be established on all disturbed areas that will control soil erosion within 15 days after the final grade is established. In the interim basis, soil stabilization measures such as silt fence or hay bales shall be installed to protect the soil from washing into the existing storm sewer system. WATER QUALITY: Much of the runoff from this proposed development will drain directly to Fish Lake. However, the parcel is too small to accommodate a properly designed wet detention basin. Therefore, a cash dedication in lieu of on-site ponding will be recommended to meet the water quality treatment requirements. The cash dedication for this parcel is based on the area of the entire parcel less the area of Block 1 which is already developed for single family residential purposes. The cash dedication is estimated at $1,050. There are no wetland issues associated with this development. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES The existing house on Lot 1 is currently served by City sanitary sewer and water. The proposed house on Lot 2 has sewer and water services stubbed to it from Braun Court. The proposed house on Lot 3 has an existing 1" water service stubbed to it from Pilot Knob Road. The preliminary utility plan submitted by the applicant shows providing sanitary sewer service to Lot 3 by constructing the sewer service to the south through the properties in the Drexel Heights Addition. City records show that there is an existing 8" line approximately 70 feet south of Lot 3 with an invert elevation of 883.5. The developer shall obtain an easement from the property owners to the south to construct sanitary sewer service to the existing 8" line. Also, the proposed house on Lot 3 shall be raised up to allow gravity service to work to serve the proposed house. STREETS/ACCESS/CIRCULATION: Access to the existing house on Lot 1 and to proposed Lot 2 is provided from Braun Court which is a 30' wide public street. Braun Court connects to Drexel Court and loops to the south and east to Wescott Road. Access to Lot 3 is proposed to be provided from an existing driveway opening off of Pilot Knob Road, Dakota County Highway 31. The applicant shall obtain a permit from the County that will allow this driveway to connect to Pilot Knob Road. The City received a letter on November 9, 1992, from Dakota County that stated no access will be allowed to Pilot Knob Road. The proposed driveway for the house on Lot 3 is shown to be approximately 280 feet long. RIGHT-OF-WA1'/PERMITS/EASEMENTS: This development,shall dedicate all right-of- way and easements necessary for Braun Court. The City currently has a street easement deed for Braun Court. However, the plat shall also dedicate right-of-way over this street easement for Braun Court. Also a 20' drainage easement shall be dedicated across Lot 2 to provide for the drainage that runs in a northerly direction across Lot 2 to the existing storm sewer by Braun Court. The developer will be responsible for obtaining the permits to construct the driveway and culvert along Pilot Knob Road for Lot 3 from Dakota County. Also, the developer will be responsible for obtaining the easements to the south for the sanitary sewer service for Lot 3. '13 FINANCIAL OBLIGATION - Braun Sunrise 2nd Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit S.F. 17.25/ff 100 ff $1,725 Sanitary Sewer Lateral Benefit S.F. 15.30/ff 100 ff 1,530 Water Storm Sewer S.F. .069/sq ff 51,887 sq ft 3.580 Trunk Total aiiia ----1 4- CONDITIONS OF PRELIMINARY NAT FOR BRAUN SUNRISE 2ND ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, D1, El, Fl, 01, and H1 2. A Variance for Lot 3, Block 1, to allow 30' street frontage. 3. The proposed house on Lot 2 shall be constructed 3' above the 100-year high water level of the low area on Lot 2. 4. The construction of the house and driveway on Lot 2 shall allow the drainage to be maintained across Lot 2 to the existing 12" storm sewer system. 5. This development shall be responsible for obtaining an easement from the property to the south of Lot 3 to construct sanitary sewer service through the adjacent property. 6. The proposed house on Lot 3 shall be raised up to allow gravity sanitary sewer service to serve the proposed house. 7. A 20' drainage easement shall be dedicated across Lot 2 to provide for the drainage that flows across the lot. 8. The proposed access to Pilot Knob Road for the Lot 3 restriction imposed by the County must be resolved prior to Final Plat. 9. The development is required to maintain existing drainage patterns along Pilot Knob Road if the County allows access for proposed Lot 3. c STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval . B. easements and Rights-of-Way 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding , and utility easements as required by the alignr.ent , depth , and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary .to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development cf adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements . C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. --1 (4, STF`;DA.PD CONDITIONS OF PLAT APPROVAL PASS TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G . water Oualitv Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water Quality Management Plan. E. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv. con LTS * 2 [ :--- --....—Jt Of U.): . ;..,..b. � •'-- •pia_ L A.)a�1 --- il .. —-- .4 l'il II'. , 1 1; ,(., , fil,' r '.-' - --„,1_,, \_ •.- -_,.,. ifie•=-- ;r-:-. -•- -==•a r".=-i/—�r'T--tic \--, a 1t 4 i t(' � ` 1. -. ' t 1\11 ,,1_ti c ��// tj ' QN :11 r I �� tilt ■ • ifs 1 I ivi, )1 \ / it # ,_ , - . ,, .1!A ? I' 11,41.›) 42:11/1„ ...•4 / / f / ,,,, „1/' . . ' ,,,,,ist.. ..'' - -_.:._„ ..'i t- riQ . / \ / ' P I T nr r L Ap i KNOB . / (i r/Rs, rile >(- r Iuftni A A . I ag 1 e i j _ .fit 444 ` I T 4F-\ . t \ s )14,,__ \ , / _: (1,o ` N ' V .�� ' \ ,1 r •1 . .2.,I Q 1 • O `'� 'li* `:, --__- r i , \ ti, i a �' \ 1'11 n,I 11� 'r in ` 1 \� \\\' '''' i:V/ 'N "ri - \ * . \+ 1�M �,� i l 01\ \�w P I) ' \ tA , \ A 1, is) ii/r—'ri* — .: II 111/1-1.6a.-1- -r'-- P. A ' .` Or El . . . .... -.....,..) Av I n fy.\• ,;// r'r Rip; l� ( t/II 1 .Fire S ► 11 4i,t , / .. .. i Administration ill ., � s�� 1 .4 Wescott !load _ _ _ - .. ` - - PREL/M/NARY PLAT OF: BRAUN SUNRISE 2ND ADDITION . I 3 , — — I 1 1• • • 14 v. •• _ – = MM•l/,1-5 r:1;„7? • 1,3°0'!1'111'[ A asi.f0 I _ f f ..►L .• BRAUN a COURT - L•31.N • • at rant' etu,•evr( 'r - —— ne——— — NL33 a I r7 I ,1.11 III \ i- re /7 , , ' 1, I:" 'ri/ I X 11 \ ,; ` ' 1 X11 — a ' 2 ■ ii°fetl 3— — 1 ' '_' ' — / �- .- \ _ � .t//.. •z - \ \ \ \ _ _J .../ \ 11 O c 1 —y,••— J -� f! 1 � •✓Kf ✓I.t.rY 1 di \ t O Z �f!•IR♦ ,'K.• .revert I N 1 K� t� � YT• n .• r _ t~ 1 11. II • __— — _J •r • tar,SV, --Jr ( 1 f I /. 1 j9 161„0 ;�1L---- -.1 / ~ .l',t•'r.- 1t.,E Mw 09.13 -- __ sers9's1'w °. g / / s e t \ • I \ %rAt.r 1',sr.' • t,.11w,■••• •1.1• Mf••■ .11.40 I. )f' -t•.1,,', IMyr-1..w 1 ow.t, Adlp1•r I IF.., •...v. �r�t ll«' Stow.cm. I. Ar.. It so,•r e, tit; •■wll••y Rawl.. PM Sil)` ••••r, ••11.1, O.'•le •• f•*Flier. lf'. •41 VI), A.•rlr►• ••f Iwst•I IN h 0•811.1.1.. ►t..Ip111«. In, I •wl par, •' Int NI•.' 1 •. r.l lr ...AIM. ••W1 •110/1, Ar.•1,/1M, w, .. ., ). twit., pile, T .1••.,I r11011. •f .t 1, I. t-...•' II'.. I.... 1...., .•i.. l.•Y t•„•w1 nee/ to e•,1rr •Ill, prn•••• rysmletc. ...... r•...; e.r.. . Inl,' .• 1 4 N, 1 h•r w rrl,l lw•, furl,r•1 In• RECEIV:7'. I t !?t • ••.l I I1...n I: •,..•••• 1,• Pilot [.N. Ir..1 at p., I.' 1 M.r-.; t mew... •••,rnrwlf. 1.. , ., tt• •. i• ,11 I.,-•„ I,,,,, •1. 1 prrry..,' 11,,. /�w 1'11 tt,-,.,y •w., •,.y.....• ,w..lro- I.law N !r N1.n• Ir.rl AwfwA,•., Iw. • ...•• 1�,.. ,_-1..... .. 11,•.. !roves t►.!••■, Tra1 0'1-"+^”-•. IN V'•1•• DELMAR H. SCHWANZ lot. •)1-1,r.• asp..1111.■.d-,W Imo-•■ hat, •, •rwper•1 I.w, IN-P re.. It. 1•"17 etllr«wpww •I f•.* 111101•10l. 'r• .e,•5 •M,.5511•• OMM,OII t C•II/w,eA,• PREL/M/NARY FLAT OF: BRAUN SUNRISE 2ND ADDITION I / / ,1 ,-- 1 / ! 1f— 1 /1 -- r ^ k_ ____ __ t Rfrfe'>!rt I :;7..I:. e �f0ii"•t 441.10 _ �.►i BRAUN a COURT %ilii" ■Y. •II'11.tI•l •• �•f•tt tl� I•sLIVw'r ,1� • ,° ,�t — -- — — -� : R•lIIAI nersrort . „ •) I\ %jS } 1 1 -- s -, ` ..3--;.., ‘ \ ' iI \ . ► .:'.w..',. '►.:.-•r 4.,:';i:'� 1 .it a . — I: 1:::•:: .: NOV: : ■ /i7.., r, ,”.\ , •;.,i:::.:::"...:::::::::;:.:::::i...::::_:.:::r. , — w , 1 ... \ ..... • —%f •Ar Jaw'I:uerr l • .:: :.. •.f w Z te. , V 6.(1-- •Irl - 1. 'i -. .....::::.• :-....:.!.4.‘..:.:•:•:•:•:,•t YV.L.. _ f I P— «* sits o t-i t / N. FINANCIAL OBLIGATION e y I, I LEGEND t ' !AnlmIIIMI mmnin Lateral Benefit Sanitary Sewer I • • • • • Lateral Benefit Water 14. Storm Sewer Trunk SrAtr ,'- tr. ....r,-1�.•I.wt Ye,... 1 1••w. w..... ..T^II I1w� •.•,„,few,. I. •..• I• •..•..11. III, ••,.lu.y I.Nu. ••1 V.17' Dew.. wl•t. M• •1N•M•••• 11...1... •.. I,a1•Ilad r •••IIMI..1.'. It• 1.7. �••••(P,rte• In, I •w1•.., •• 1,•, :. •I... 1 I L.ellr •r..11h.•I.wr !••t•1" Y. 411 . ... •••• .. ). r•tt• P11.1 teen 4..1►1 1• V •w.,. r1•.. r... .•.. , t1l •1 •.. 1.•V 1•.wn• nevi Co f.•trr •111• .. ... •••••• N.w•r.t•.e. .4,011, r....• ..... . Inn.•.... ,. 41 1041 1 lute •n.•I„1w+ .••I• t1, In. RECEtV"17-• I t f0)' L.• I It.•ir 1'. h....-. 4.. ell•( ew,t4.I on ••t L■• 7 Li t ; r. I. mpg.. •0•Pem.er• I • I !I.1•• •• I• .l f.1•..w••...,►.....•..' tw.l..• A■r■ • 1L1wn• taw, ••••-•••••• III.. `'�)t1 • ...� tree. ,. ,.r... • 141, r•.N 11.4.r1 17.11 tn"•"•••• •I •''••• DELMAR H. SCHWANZ 1.1 171-I,•• tut. •• Pr.I.1••1 I.w, fIrtnIsr. It. )•I *Pee SOWN mIMt..My •aOrr01••sure•e.•ems twat.,nw et0• •013 t et•,1►1e•21 ■ D 10 L_n ri, ze,a.a 16 0-p iliN, Or a DP-20 0-r 4 C p 90L0 Ise DP-23 904.2 CP-I 893.0 N: DP-7 8 2 5.0 �a t2� 8976 884.2 829.7 / JP.66 IS„ rai DP-2.2 898.0 - / 880.0 ...... `0i� IS DP-25 2.7. e925 864 J d 64 JP-3 JP-13 JP-- JP-62 • 11 ' 844.0 JP-67.1 888.7 893.0 846.5 876.0 JP-67 42" 8P398 89/.5 - 8958 O 844.0 /� 881.0 8800 �JP-62.1' 897.5 , SITE 851.5 ? JP-15 J849.2 J"3 , 900.0 a 844.0 852.5 16" N a p4.846.5 2d L. I J-c� 12' - JP-4 �� BP-I.1 4" 844.0 JP-1I ■ BPS.D 846.5 Ir. 815.7 LIP• 830.0 JP-44 12' JP-5 .° 890.7 • I? 834 0 J-b 895.7 co 7 148.:L: 4BP-2 JP-I0 .0 • r` • 792.3 801.0 BP-29 820.8 N 809.7 830.0 -• 8/8.0 iJ.. \5 -or, J-f ^,�• JP-6 Ij I, BP-28 818.9 8 0 8626 830.0 JP-49 • 868.0 818.1 48 g b 830.0 JP-9 48r 1 JP-36 JP-35.1 818.7 887730.26 JP-35 864.8 jP-7 830.0 7 JP-37 36' 869.4 972.7 858.4 3P-3 872.0 '�- E4'' 872.7 865.2 J 18 9 9 876.0 21 It * 8, • e c ` JP 48 2i" JP-8 12 J R74C) . 819. NORTH FIGURE No. 17 STORM SEWER LAYOUT LEGEND M A P STO MIO AREAS /�/ � STORM SEWERS(existing) STORM SEWERS(resoosed) ♦_____STORM LIFT STATION(existing) IR STORM LIFT STATION(POOOeem D STORM FORCE MAIN -0 -• -6-,-So CITY OF MAJOR DIVISION POND NORMAL WATER LEVEL . . 900 0 E A G A N POND HIGH WATER LEVEL 900.0 1 OVERLAND DRAINAGE ROUTE J Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES NOVEMBER 24, 1992 BRAUN SUNRISE 2ND ADDITION HENRY A. BRAUN Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat of three single family lots on approximately 2. 3 acres located along the south side of Braun Court east of Pilot Knob Road in the SW 1/4 of Section 15. City Planner Sturm stated that the applicant is proposing to subdivide his land to create two new lots. The existing home on Lot 1, Block 1, will remain. He further stated that the main issue with this application is the access from the flag lot onto Pilot Knob Road. On November 9, 1992, Dakota County denied access from this site onto Pilot Knob Road. However, in a letter dated March 16, 1988, Dakota County granted access from the proposed site onto Pilot Knob Road. Del Schwanz, land surveyor and representative of the applicant, stated that he had some concerns regarding the conditions of plat approval. In regard to condition #5, he stated that the easement should not be required because when he prepared the preliminary plat he did not include the easement on it. In regard to condition #2, he mentioned that the applicant is agreeable to the 50' lot width requirement. Therefore, no variance will be required. Lastly, in regard to condition #8, he commented that the applicant does have approval from Dakota County to take access from Pilot Knob Road. City Planner Sturm requested that condition #2 be amended to state that Lot 3 , Block 1, shall have 50' street frontage. Chairman Voracek requested that condition #10 be added to require a turnaround driveway on Lot 3, Block 1. Henry Braun, the applicant, stated that he was agreeable to this added condition. Member Merkley raised his concern that the driveway access onto Pilot Knob Road is a potential safety hazard as Pilot Knob Road is a high volume road. He questioned whether the driveway could be located in a different location so as to take access onto a secondary road or possibly the land could be divided into two lots instead of three. Mr. Schwanz replied that neither alternative was feasible because of the topography of the land and of the location of the existing home. Member Hunter asked when signalization at the intersection of Wescott Road and Pilot Knob Road would occur. { Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES NOVEMBER 24, 1992 Assistant City Engineer Mike Foertsch replied that signalization for this intersection is in the County's 5-year CIP. It is proposed to be signalized in approximately 1996 or 1997, however, because of rising traffic volume this date could be accelerated. Member Hunter mentioned that he had the same concern regarding safety as Member Merkley, however, this case is an exception because of the anticipated signalization and should not be denied because of this issue. Member Hoeft commented that there will be limited usage of the proposed driveway compared to other developments along Pilot Knob Road. He felt that the owner's rights do not substantially interfere with public safety and that he could approve this application. Miller moved, Hoeft seconded, the motion to approve a Preliminary Plat of three single family lots on approximately 2.3 acres located along the south side of Braun Court east of Pilot Knob Road in the SW 1/4 of Section 15, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2 , B3, B4, Cl, C2, D1, El, Fl, G1 and H1 2 . Lot 3 , Block 1, shall have 50' street frontage. 3 . The proposed house on Lot 2 shall be constructed 3' above the 100-year high water level of the low area on Lot 2. 4 . The construction of the house and driveway on Lot 2 shall allow the drainage to be maintained across Lot 2 to the existing 12" storm sewer system. 5. The proposed house on Lot 3 shall be raised up to allow gravity sanitary sewer service to serve the proposed house. 6. A 20' drainage easement shall be dedicated across Lot 2 to provide for the drainage that flows across the lot. • 3 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES NOVEMBER 24, 1992 7. The proposed access to Pilot Knob Road for the Lot 3 restriction imposed by the County must be resolved prior to Final Plat. 8. The development is required to maintain existing drainage patterns along Pilot Knob Road if the County allows access for proposed Lot 3. 9. A turnaround driveway is required for Lot 3, Block 1. All present voted in favor, except Merkley who opposed. Approved 6-1. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR JON HOHENSTEIN, ACTING COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: DECEMBER 7, 1992 RE: BRAUN-SUNRISE 2ND ADDITION At the November 24 Advisory Planning Commission meeting, the Braun Sunrise 2nd Addition was approved 6/1. There were no public comments on the item. The main issue regarding the plat was the access for Lot 3 directly on to Pilot Knob Road. The County Plat Commission recommended denial of this plat in a letter dated November 9, 1992, however after correspondence dated March 16, 1988 was delivered to them by the applicant, they rescheduled the item for the Monday, December 7 Plat Commission meeting. At that time, the Commission recommended approval. The Advisory Planning Commission received copies of the 1988 correspondence the night of the meeting. At the planning commission meeting, the applicant agreed to a 50' lot width for the stovepipe-shaped lot. As a result, Condition #2 was modified to read: 2. Lot 3, Block 1, shall have 50' street frontage. Condition #5 in the staff report was stricken since the easements are already in place and a new condition was added as follows: 9. A turn-around driveway is required for Lot 3, Block 1. Attached is a copy of the 1988 correspondence from the Dakota County surveyor. If you would like additional information, please advise. City Planner JS/js attach. r 1 GARY H. .L.S. DAKOTA COUNTY couNrrs_IavF{OR LANE)INfSq�"VE '1' ,STEVENSON,,R.L (612)801 7n87 SURVEY R I ANn INFORMATION DEPARTMENT rAx(f12)PI 11 7011 'O1ACO(/ 141,,5Gt'_AvIFPVFt1'JE AFFLFVAL!.EY '"ItIt1Ecn7t r,1^1R` 0 ..t. SI k 74'NESOC1' November 9 , 1992 City of Eagan 3830 Pilot Knob Road Eagan, MN 55112 ATT: Jim Sturm, City Planner BRAUN SUNRISE 2ND ADDITION Dear Mr . Sturm: The Dakota County Plat Commission met on November 9 , 1992 , to consider the preliminary plat of BRAUN SUNRISE 2ND ADDITION. Said plat is adjacent to C. S.A.H. NO. 31 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. The Plat Commission does not recommend approval of this plat as no access to C. S .A.H. NO. 31 will be allowed. The Ordinance requires resubmittal of the final plat before the recommendation of approval is made to the County Board. No work shall commence in the County's right of way until a permit is obtained from the County Highway Department. SinTerely, ,;4---c14 d .A6-,--, _-___ Gary H. Stevenson Dakota County Surveyor & Land Information Director Secretary, Plat Commission cc: Delmar Schwanz , Land Surveyor Tom Swanson, Permits Technician Tom Colbert, Public Works Director 7-.. P,,'," Rp v-r,^Par ._` Be part of the solution! AN EQUAL OPPORTUNITY EMPLOYER DAKOTA COUNTY GARY H. STEVSE�NSON R.L.S.YOR COUNTY SURVEY DEPARTMENT (612) 431.1153 401 Cot. 7300 WEST 147th STREET, SUITE 0300 APPLE VALLEY, MINNESOTA 55124 . 0. March 16 , 1988 pis .7 V 1E51" City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Att: Dale Runkle RE: REQUEST FOR RELEASE OF RESTRICTED ACCESS LOT 1 , BLOCK 1 , BRAUN SUNRISE ADDITION Dear Mr. Runkle : The Dakota County Plat Commission met on March 14 , 1988 , to consider the request for release of restricted access on LOT 1 , BLOCK 1 , BRAUN SUNRISE ADDITION. The Highway Department is recommending the release of restricted access as it will take the place of an existing driveway. Both the City of Eagan and Dakota County will require the granting of easements to relinquish existing rights before the release requested is granted. The Plat Commission will recommend approval subject to the provisions worked out by the City and County with County Attorney approval . Sincerely yours , /4"/7411 Gary H. Stevenson Dakota County Surveyor cc: Dave Everds, County Highway Engineer ✓ Tom Colbert, Public Works Director i AN EQUAL •"'= • ' YEMPLOYER Agenda Information Memo December 15, 1992 City Council Meeting PLANNED DEVELOPMENT AMENDMENT/PRELIMINARY PLAT/ CONDITIONAL USE PERMIT/PARK CENTER 3RD ADDITION/TACO BELL B. Planned Development Amendment, Park Center 3rd Addition/Taco Bell Corporation - to Allow a Class II Restaurant in the Park Center Planned Development, a Preliminary Plat, Consisting of.98 Acres, and a Conditional Use Permit for a Pylon Sign Located Along the North Side of Cliff Road,West of Cliff Lake Drive in the Southeast Quarter of Section 30--At its meeting of November 24, 1992, the Advisory Planning Commission considered the above-referenced applications relative to a proposal to locate a Taco Bell Restaurant in the Park Center Planned Development at the intersection of Cliff Road and Cliff Lake Center Drive. For additional information with respect to this application, please refer to the Community Development Department staff re.o which is osed on pages 1 through 101 for your review. Also enclosed on pages •: through (( ( are the Advisory Planning Commission minutes relative to this item. Following considerable discussion relative to the land use aspects of this application, the APC recommended approval. Finally, enclosed on page I You will find a supplemental memorandum from the Community Development Department outlining representations made by the developer relative to this planned development. Please note that the principal issue addressed by the Advisory Planning Commission is whether or not to permit an amendment to the planned development agreement to allow a Class II restaurant on a site within a planned development previously identified and reserved for a Class I restaurant. The applicant has indicated an intention to reserve an equal amount of square footage for a Class I sit-down restaurant in the proposed retail center which will be part of a subsequent phase. Please note that the Commission also discussed the appropriateness of permitting such a chain in light of the fact that a free- standing portion of the project will precede development of the larger center. With respect to that concern, the developer has presented a display of brick building materials which would be used on the proposed Taco Bell project and has indicated a willingness to incorporate a condition to the planned development agreement to construct the larger center of the same materials. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a planned development amendment for Park Center 3rd Addition/Taco Bell Corporation to allow a Class II restaurant in the Park Center Planned Development, 2) a preliminary plat consisting of .98 acres and 3) a conditional use permit for a pylon sign located along the north side of Cliff Road and west of Cliff Lake Drive in the southeast quarter of Section 30 as presented. Nip• • SUBJECT: PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY PLAT CONDITIONAL USE PERMIT (PARK CENTER 3RD ADDITION) APPLICANT: TACO BELL CORPORATION LOCATION: SE 1/4 SECTION 30 EXISTING ZONING: PLANNED DEVELOPMENT-COMMUNITY SHOPPING CENTER DATE OF PUBLIC HEARING: NOVEMBER 24, 1992 DATE OF REPORT: NOVEMBER 16, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting an Amendment to the Park Center Planned Development, a Preliminary Plat of Outlot E, Park Center Addition, consisting of one lot and one outlot on .98 acres, a Conditional Use Permit to allow a Class II restaurant, and a Conditional Use Permit to allow a pylon sign. PLANNED DEVELOPMENT AGREEMENT: The Park Center Planned Development Agreement made on August 15, 1989 designated specific uses for Outlots B through E as follows: Outlot B - a 4,800 sq. ft. bank; Outlot C - a free-standing 6,000 sq. ft. retail business; Outlot D - an 86,600 sq. ft. retail strip center; and Outlot E - a 4,500 sq. ft. Class I restaurant. To date, no development has occurred on any of these outlots. The Planned Development sketch plan and conditions are attached. BACKGROUND: The Park Center Addition Final Plat was approved by the City Council on September 18, 1990. On April 16, 1991 Outlot A, Park Center Addition, was final platted as Lot 1, Block 1, Park Center 2nd Addition, to develop the senior housing site. The senior housing site is not included in the Park Center Planned Development. COMMENTS: The Park Center Planned Development designated Outlot E to be developed with a Class I (traditional sit-down) restaurant. The applicant is requesting an amendment to the Planned Development to allow a Class II (fast-food) restaurant at this location. SITE PLAN: Access to the site will be from Cliff Lake Road approximately 450' north of Cliff Road. An ingress/egress easement will allow the access drive to be built across Outlot D. Analysis of this access is difficult prior to Outlot D being developed. The plan calls for a 1.989 sq. ft. brick building including a drive-thru window and 39 on-site parking spaces; the drive-thru aisle will accommodate seven vehicle stacking spaces that will not interfere with any other internal traffic circulation. All building, parking, and drive aisle setback requirements are met. A brick trash/recycling enclosure will be attached to the north side of the building and all rooftop mechanical equipment shall be screened from ground level. Dakota County is requiring a 15' highway easement and restricted access along Cliff Road. This will require the entire site to shift 15' to the north to meet setback requirements. SIGNAGE: A condition of the Park Center Planned Development Agreement required an overall pylon sign plan. This sign plan was executed on September 18, 1990 and provides - for a pylon sign on Outlot E (site 1). The applicant is proposing a pylon sign supported by two brick columns. The sign meets all Sign Code requirements. Due to berming and landscaping along Cliff Road, the pylon sign will be located approximately 50' off the east property line and 10' off the south property line. The building elevations provided show building signage on all four sides of the building. This is not consistent with the City's Sign Code which allows building signage of not more than 20% on all sides of a building facing a major street. The building signage proposed for the west and north building elevations is not allowed. LANDSCAPE PLAN: The revised landscape, plan provides a mixture of overstory, understorv, and coniferous trees that will provide year-round color. Landscaped berming will be required along the southern property line. • _ 1 GRADING/DRAINAGE/EROSION CONTROL: The existing terrain of the site is fairly flat with no trees. A minimal amount of grading will be needed to prepare this site for development. The preliminary grading plan shows construction of a berm along the southerly property line to provide a buffer to Cliff Road, Dakota County Road 32. The maximum cuts on this site are 2 feet and the maximum fills are 5 feet. The preliminary drainage plan shows constructing an internal storm sewer system that will drain this development northerly to a publicly maintained storm sewer system. The public - storm sewer line shall be constructed to the north along the west side of Cliff Lake Road and connect to an existing 27" storm sewer stub located approximately 500 feet north of this development. The plans approved with the final plat application shall include detailed plans and specifications that will show the construction of the proposed storm sewer across Outlot D of Park Center Addition. The drainage of the proposed parking lot shall slope to the concrete curb and gutter and then to the proposed storm sewer and this should eliminate bituminous swales in the proposed parking lots and drive aisles. The storm sewer system that will drain this site drains to Pond AP-25 which is a pond on the City's Comprehensive Stormwater Management Plan. Pond AP-25 is a sedimentation basin located 800 feet north of this lot along the west side of Cliff Lake Road. This development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: This proposed development is located in drainage basin A and will generate runoff that will discharge to Pond AP-25, a 1.3 acre 6 acre-foot detention basin classified as a nutrient pond in the City's Water Quality Management Plan. There are no recreational waterbodies directly downstream of Pond AP-25. This P P ro osed development is part of the Park Center PUD which has a total net developable area of approximately 19.2 acres. Pond AP-50 lies along the west edge of the PUD and was graded by the owners of the Park Center PUD to meet treatment requirements for the entire development, of which this parcel is a part. Analysis using the City's water quality model indicates that a pond having a volume of 2.6 acre-feet and treating runoff from at least 19 acres of combined commercial/industrial and multifamily residential would be needed to meet requirements for the Park Center PUD as a whole. As-built drawings for Pond AP-50 indicate that the wet volume for the pond is approximately 2.6 acre-feet and the drainage area is about 22.3 acres. It is staff's judgement that the water quality treatment requirements for the entire PUD are met with this pond. Therefore, no additional ponding or cash dedications will be recommended. The site was graded prior to the effective date of the Wetlands Conservation Act. Consequently, there are no wetland issues associated with this parcel. These recommendations are subject to approval of the Advisory Parks, Recreation and Natural Resources Commission. UTILITIES: Sanitary sewer service of sufficient depth and capacity has been provided to this lot from an existing 18" sanitary sewer along Cliff Road. An existing 6" DIP sewer service that connects to the existing 18"sanitary sewer is available with an invert elevation of 908.5. The final utility plan shall include a manhole at the connection to the 6" sewer service stub. Water main of sufficient pressure and capacity is readily available to serve this site from an existing 6" watermain along the west edge of Cliff Lake Road. The 6" water main has been stubbed to this property and the preliminary utility plan shows extending the water main to the proposed building. A hydrant shall be added on the 6" water main as shown on the preliminary utility plan to add additional fire protection to this site. STREETS/ACCESS/CIRCULATION: Street access for the proposed development will be provided from Cliff Lake Road which is along the east property line of the site. No access is being proposed to Cliff Road which is along the south property line of the site. The preliminary site plan shows constructing a private street from this site to the north for 300 feet and connect to an existing street opening on Cliff Lake Road. The existing street opening on Cliff Lake Road is an opening with turn lanes and has a full median opening but it is not an intersection with traffic signals. The final plans submitted with the final plat application shall include detailed plans of the private road extension from this lot up to Cliff Lake Road. The proposed parking lot for this development shall be constructed with concrete curb and gutter and bituminous surfacing. The preliminary site plan shows temporary bituminous curb to he constructed along the west and north edges of the parking lot and this temporary bituminous curb will be removed when the parking lot expands as development occurs on Outlot D of Park Center Addition. RIGHT-OF-WAY/EASEMENTS/PERMITS: This development will be responsible for dedicating a drainage and utility easement over the proposed storm sewer that will be constructed in Outlot D of the Park Center Addition from this lot and heading in a northerly direction along the west side of Cliff Lake Road. The developer will be responsible for ensuring that all regulatory agency permits (MPCA, M\\CC, MN Dept. of Health, Dakota County, etc.) are acquired prior to final plat approval. FINANCIAL OBLIGATION - Park Center 3rd Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Availability C/I $2470/Ac .96 Ac $2,371 Charge Storm Sewer C/I .035/sq ft 41,909 sq ft 1,467 Trunk Lateral Benefit C/I 17.25/ff 269.13 f.f 4.642 Sanitary Sewer Total • cl 3 _.. - PARK"CEI'TER EXHIBIT B: DEVELOPMENT PLAN 1 . (SKETCH PLAN) it ill if ii ~ ii 7. "'. .. -7_ . ... ■:.. . 'I i ,,, ..1 � I IH 1I $fi , RTi N li 14. IL, Z y ' q . a II 7i I < amml 1 as i \ 1: i !� I !I 1 . •I W I 1 iii _ ` , (i) Film .L.,...,..... r7------t.4-7..„.,,,,,...„...., , simantm 1 - i ,_i . i1�IIINI ' . I. V _ .,,...; . i f : En A d %,,- --,-!. ., , ! -----,,Nhi.: - ,....._ . .........„..., . _ : 9c , is PARK CENTER • PLANNED DEVELOPMENT AGREEMENT EXHIBIT D: CONDITIONS 1 . These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al , B1, B2 , B3 , B4, Cl, C2 , C4 , C5, D1, El, Fl , and G1 . Execution of the final plat by the City, for the property or any portion thereof, shall be evidence that these conditions have been complied with as they relate to the property or portion thereof which is platted, except that this provision shall not apply to any portion of the property which is platted as an outlot. 2. A Planned Development Agreement shall be entered into for a time specified by the City Council. - execution of this Planned Development shall satisfy this condition. 3. A determination for the elderly housing site shall be made either on this site or on another location. - execution of Option Agreement shall satisfy this request. 4 . A Pylon Sign Agreement shall be entered into. 5. Each lot shall be reviewed in detail by the APC and City Council before building permits are issued. 6 . No rooftop mechanical equipment shall be visible from the public streets . 7 . The parking along the east end of the strip center shall be removed . 8 . Special emphasis will be placed on screening rear side of the strip center from Rahn Park. 9. Cross easements shall be provided for the parking lot servicing Sites 1 and 2 . 10. All trash shall be contained within the buildings or in enclosures attached to the building and constructed of the same materials. 11 . Berming shall be provided along the public streets. 12 . This development is required to provide approximately 4-6 acre feet of wet pond storage volume below the proposed normal water level for Pond AP-50. This condition will be fulfilled by the grading of Pond AP-50 by the City pursuant to a public improvement project in accordance with the grading specifications and area which have been promulgated by the City. 13 . This development shall comply with all requirements of the County Highway Department pertaining to the proposed accesses to Cliff Road. PLANNED DEVELOPMENT AMENDMENT CONDITIONS 1. An amended Planned Development Agreement shall be entered into prior to Final Plat. 2. All pylon signs shall be constructed with the same style - two 20" x 20" brick columns. PRELIMINARY PLAT CONDITIONS FOR PARK CENTER 3RD ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, Cl, C2, C4, CS, D1, El, Fl, G1, and Hi. 2. All signage shall meet Sign Code requirements and be subject to the one-time sign fee of$2.50/sq. ft. Elevations shall be revised removing building signage from the north and west sides. 3. The building shall be constructed of brick. 4. The trash/recycling container shall be made of brick and attached to the building. 5. All rooftop mechanical equipment shall be screened from ground level. 6. Underground irrigation is required for all landscaped and green areas. 7. Dakota County highway easement will require the entire site to shift 15' to the north to meet setback requirements. 8. The plans approved with the final plat shall include the construction of the proposed storm sewer and private street across Outlot D of Park Center Addition. 9. The final utility plan shall include a manhole at the connection to the existing 6" sewer service stub. 10. Utility and access easements are required across Outlot D, Park Center Addition. STANDARD CONDITIONS OP PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. casements and Riots-of-way 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, pcnding , and utility easements as required by the alignment , depth , and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development cf adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements . C. Plans and specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. (;P '? STAY:DA:7D CONDITIONS OF PLAT APPROVAL PAGE TwO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards . D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E . Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication rer.:irements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G . water Quality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water Quality Management Plan. E. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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L.S.-1 A-vv r99/9.6 A-ee �2 p, E. 7 12' �6+ . . \ AP-19 -° A9 620 :ti •P-15 r 15 93BB 919.0 VAP-16 AP 468 °N \,y g p 915.0 924.3 `'• AP-47 934.0 N 2a' 93604 P-46 �ti 922 00 w" r AP-15.1 45.0 926.2 P-18 'AP-30.1 913.5 ( 48.5 ' 925,5 927.0 10'1 93/.3 �b, P_1�' . 929.0 • 4.AP-34 / 9340 //' 926.0 �_ BLP-59 938.8 A- ��i' 940.0 992.0 Q2" 893.3 99 9942 ��A-yy 900.0 �2' _ E AP-33 "" N 6 980.0 10033.1 o / 985.3 1006.0 ).. /0/0.0 ,% 11 1 A-zz • • FIGURE N 17 NORTH STORM SEWER LAYOUT LE SS AREAS MAP STOMA roRM SEWERS(•.»n,y STORM SEWERS(propo••ID ♦____ STORM LIFT STATION(ambling) STORM LFT STATION(propo••m 0 STORM FORCE MAIN . -∎►-0♦ CITY OF MAJOR DIVISION POND NORMAL WATER LEVEL . . . . . 900.0 E A G A N POND HEM WATER LEVEL 900.0 - OVERLAND DRAINAGE ROUTE • 4 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES NOVEMBER 24, 1992 PARR CENTER 3RD ADDITION TACO BELL CORPORATION Chairman Voracek opened the next public hearing of the evening regarding a Planned Development Amendment to allow a Class II restaurant in the Park Center Planned Development, a Preliminary Plat consisting of .98 acres, and a Conditional Use Permit for a pylon sign located along the north side of Cliff Road, west of Cliff Lake Drive in the SE 1/4 of Section 30. City Planner Sturm stated that when the original planned development was approved it required a Class I restaurant on this site and the applicant is now proposing a Class II restaurant instead. He stated that the proposed restaurant is a Taco Bell and as proposed meets all Code requirements. Mr. Sturm requested that condition #7 of the preliminary plat be' deleted and that City Attorney Dougherty has two additional conditions he would like added. He further mentioned that this application was well submitted. Martin Colon, the applicant, stated that he was available to answer any questions and mentioned that Ron Krank, architect, and John Ruggieri, a representative of Taco Bell, were also present with him. Mr. Krank reviewed the potential site plan of the entire planned development. He mentioned that the applicant intends to develop an upscale project. Mr. Krank stated that the Taco Bell will be constructed of buff-colored brick with beige stucco. There will be extensive landscaping on this site. Chairman Voracek stated that the main issue with this application is land use. The original planned development required a Class I restaurant and Taco Bell is considered a Class II restaurant. Member Hunter mentioned that he appreciated viewing the concept plan. He felt that the proposed change in the planned development is not an upgrade and that this application does not keep with the spirit of the original planned development. Member Gorman agreed with Member Hunter's comments. He further stated that the land use is the larger issue and must be resolved before getting into the details of the application. Member Merkley stated that he tended to agree with the other member's comments. He stated that by developing a Class II restaurant first it will set the tone and image for future tenants. 1 � Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES NOVEMBER 24, 1992 Member Hunter mentioned that during the past few months he has spoken with many residents of the community and most residents felt there was a shortage of Class I restaurants in the City. Mr. Colon stated that this application is not a downgrade, but an alternate use. It is hard to build and operate a Class I restaurant and even harder to find investors for this type of project. He stated that a Class I restaurant is easier to finance if located in a retail strip center. His intent is to develop a Class I restaurant in the retail strip center portion of the planned development. Mr. Colon further mentioned that the taxes are extremely high on this piece of land and he has been very patient and has lost a substantial amount of money trying to locate quality tenants for this planned development. He felt that Taco Bell will create traffic into this retail area which will help draw higher quality tenants. Chairman Voracek asked Mr. Colon if he would be agreeable to adding a condition which would require the development of a Class I restaurant in the retail strip center in exchange for approving a Class II restaurant on Outlot E. Mr. Colon agreed to this condition. Chairman Voracek further requested that a condition be added which requires all buildings in this planned development to be constructed of similar and complimentary materials. Miller moved, Hunter seconded, the motion to approve a Planned Development Amendment to allow a Class II restaurant in the Park Center Planned Development located along the north side of Cliff Road, west of Cliff Lake Drive in the SE 1/4 of Section 30, subject to the following conditions: 1. An amended Planned Development Agreement shall be entered into prior to Final Plat. 2. All pylon signs shall be constructed with the same style - two 20" X 20" brick columns. 3. A Class I restaurant of at least 4,500 sq. ft shall be developed as part of Outlot D, Park Center Addition. 4. All buildings in this planned development shall be constructed of similar and complimentary materials. All present voted in favor. Lod Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES NOVEMBER 24 , 1992 Member Merkley asked if there were any negatives to the drive-thru proposed for this application. City Planner Sturm replied that City staff saw no problems. Chairman Voracek noted that this application is proposing to have the trash/recycling area attached to the building, the drive-thru stacking is separate from the parking traffic, and the landscaping is very well done. He stated that he appreciated the efforts of the applicant to consider these items. City Attorney Dougherty requested that two conditions be added. The first condition would require an ingress, egress and parking easement for Outlot D, Park Center Addition. The second condition would combine Outlot A by metes and bounds description with Outlot D, Park Center Addition. Miller moved, Hunter seconded, a motion to approve a Preliminary Plat consisting of .98 acres located along the north side of Cliff Road, west of Cliff Lake Drive in the SE 1/4 of Section 30, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, Cl, C2, C4, C5, D1, El, Fl, G1 and H1 2. All signage shall meet Sign Code requirements and be subject to the one-time sign fee of $2.50/sq. ft. Elevations shall be revised removing building signage from the north and west sides. 3. The building shall be constructed of brick. 4. The trash/recycling container shall be made of brick and attached to the building. 5. All rooftop mechanical equipment shall be screened from ground level. 6. Underground irrigation is required for all landscaped and green areas. 7. The plans approved with the final plat shall include the construction of the proposed storm sewer and private street across Outlot D of Park Center Addition. 8. The final utility plan shall include a manhole at the connection to the existing 6" sewer service stub. • Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES NOVEMBER 24, 1992 9. Utility and access easements are required across Outlot D, Park Center Addition. 10. Ingress, egress, and parking easements shall be required across Outlot D, Park Center Addition, and shall be delivered to the City Attorney's office for review. 11. Outlot A shall be combined by metes and bounds description with Outlot D, Park Center Addition, prior to final plat approval of Park Center 3rd Addition. All present voted in favor. Miller moved, Hunter seconded, the motion to approve a Conditional Use Permit for a pylon sign located along the north side of Cliff Road, west of Cliff Lake Drive •in the SE 1/4 of Section 30. All present voted in favor. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR JON HOHENSTEIN, ACTING COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: DECEMBER 7, 1992 RE: PARK CENTRE 3RD ADDITION At the November 24 Advisory Planning Commission meeting, the Planned Development Amendment to allow a Class II restaurant (Taco Bell) within the Park Centre Planned Development was approved unanimously. The Preliminary Plat and Conditional Use Permit for a pylon sign were approved unanimously, as well. Most of the discussion focused on the land use, not the plat itself. Concerns dealt with having the first physical development in the Planned Development be a satellite use and secondly allowing a fast-food use instead of the previously-approved Class I restaurant. Acknowledging this concern, the applicant agreed to reserve 4,500 sq. ft. of space in the approved 86,000 sq. ft. retail center for a Class I (sit-down) restaurant. The 4,500 sq. ft. is the same area as the Planned Development allowed for the Class I restaurant before this amendment request. The applicant agreed to have a brick building and a condition to the Planned Development Amendment that would require the same brick to be used on the large retail center. Two conditions were added to the Planned Development Amendment: 3. A Class I restaurant of at least 4,500 sq. ft. shall be developed as a part of Outlot D, Park Center Addition. 4. All buildings in this Planned Development shall be constructed of similar and complimentary materials. On the Preliminary Plat conditions, Condition #7 was stricken from the staff report noting that the City and Federal Land Company entered into an agreement for the right-of-way acquisition with the Park Center addition in 1990. Two additional conditions were added: 10. Ingress, egress, and parking easements shall be required across Outlot D, Park Center addition, and shall be delivered to the City Attorney's Office for review. 11. Outlot A shall be combined by a meets and bounds description with Outlot D, Park Center addition, prior to the Final Plat approval of Park Center 3rd addition. All additional conditions were agreed to by the applicant. If you would like additional information, please contact me. City Planner JS/js Agenda Information Memo December 15, 1992 City Council Meeting TOWN CENTRE PYLON SIGN AGREEMENT AMENDMENT C. Amendment to the Town Centre Pylon Sign Agreement, Town Centre Sign Agreement/Federal Land Company, Regarding the Placement of Pylon Signs in the Town Centre 70 and 100 Developments, Located in the North Half of Section 15--At its meeting of November 24, the Advisory Planning Commission considered the above-referenced amendment to the Town Centre Pylon Sign Agreement. For additional information relative to this item, please refer to the Community evelopment Department staff report and the agreement which are enclosed on pages(('through fz/ for your review. Also enclosed on page( Js a copy of the APC minutes relative to this item. Please note that the APC is recommending approval. Since the APC action, staff has been working with the applicant to finalize the amendment to incorporate the appropriate changes as noted. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amendment to the Town Centre Pylon Sign Agreement for Federal Land Company for the Town Centre 70 and 100 developments as presented. //3 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR JON HOHENSTEIN, ACTING COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER `- DATE: DECEMBER 7, 1992 RE: TOWN CENTRE PYLON SIGN AMENDMENT At the November 24 Advisory Planning Commission meeting, the Town Centre Pylon Sign Amendment was approved unanimously. There were no public comments or changes to the condition requiring that an executed agreement shall be entered into within 60 days of Council action. Over the years, there have been land use changes making the existing agreement out of date. The new agreement calls for one additional pylon sign between I-35E and Town Centre Drive, however it should be noted that one of them is the major complex (Eagan Town Centre) sign. The previous agreement did not address much of the Planned Development or Town Centre 100 area. Both the existing and proposed agreements show a maximum of 28 signs. Attached is a copy of the proposed agreement that has been reviewed by both the applicant and the City Attorney's Office. If you would like additional information, please contact me. City Planner JS/js attach. �G � CITY OF EAGAN TOWN CENTRE-EAGAN PYLON SIGN AGREEMENT THIS AGREEMENT, made and entered into this day of , 199_, by and between the City of Eagan, a municipality of the State of Minnesota, hereinafter the "City" and Federal Land Company, Eagan Tower Office Building Partnership, and Eagan Heights Commercial Park, hereinafter the "Owners" whose addresses are 3470 Washington Drive, Eagan, Minnesota, 55122 . WHEREAS, over the years the Owners have applied to the City for approval of various pylon and/or business signs, and received approval pursuant to City Code Section 4 . 20; and WHEREAS, such signs are needed for businesses located within retail and office buildings located in Town Centre 70 and Town Centre 100 Additions on the land spcifically described in Exhibit "B" attached hereto (hereinafter the "Area") ; and WHEREAS, in certain situations variances may be necessary due to the lot configurations of certain proposed commercial developments; and WHEREAS, the City desires to prevent the overabundance of commercial pylon signs affecting the visibility and aesthetics of the area; and WHEREAS, the City has requested an overall plan indicating the location of all pylon signs within the Area in order to more appropriately address future requests for individual pylon signs from the Owners and to avoid a multiplicity of hearings. i ( 3 NOW THEREFORE, the City and Owners agree as follows: 1. All pylon signs within the Area shall be or are located as indicated on Exhibit "A" attached hereto with any variances of the requirements of the existing Eagan City Code Section 4 .20 being shown thereon. 2 . The normal public hearing process for a conditional use permit (Code Section 11.40, Subd. 4 .B. ) for a pylon sign (Code Section 4 . 20, Subd. 1.C. 6. ) shall not be required for any sign which has a location specifically designated on Exhibit "A" and such sign complies with all other ordinance requirements. 3 . All signs shall be erected in compliance with all applicable City Code provisions, except that the locations and maximum number of pylon signs shown on Exhibit "A" shall be allowed. 4 . The Owners shall provide written notice to buyers of the contents of this Agreement. This paragraph will not preclude an owner from petitioning the City for a variance from this Agreement. 5. The terms of this Agreement shall be legally enforceable by either party in a court of competent jurisdiction and each of the parties retains the right to assert any legal, equitable, or administrative right of action or defense which may be available by law in order to implement or enforce the terms of this Agreement. 6 . The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators, an assigns of the Owners referenced in this Agreement. 1 t 7 . The undersigned Owners include all the persons, firms, or corporations that hold a fee simple interest in the real property and the undersigned officials are authorized to sign this Agreement and to bind the respective parties. 8 . The City, by this Agreement has granted the Owners certain variances with respect to the location of pylon signs within the Area in exchange for a limitation on the number of pylon signs which can be erected in the Area. Should the providsion in the Eagan City Code Section 4 . 20 which states that "no pylon signs may be located within 300 feet of any other pylon sign, measured on the same side of the street" be repealed, changed, declared invalid or otherwise have no further force or effect, then the Owners may petition the City according to its procedures then in effect for a variance from the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. APPROVED AS TO FORM: CITY OF EAGAN a Minnesota municipal corporation City Attorney' s Office By: Thomas A. Eagan Its: Mayor Date: Date: APPROVED AS TO CONTENT: Community Development Dept. By: E.J. VanOverbeke Its: City Clerk Date: Date: < Ll FEDERAL LAND COMPANY, EAGAN HEIGHTS COMMERCIAL PARK a Minnesota general a Minnesota general partnership partnership By: By: Its: Its: Date: Date: EAGAN TOWER OFFICE BUILDING PARTNERSHIP a Minnesota general partnership By: Its: Date: STATE OF ) ss. COUNTY OF ) On this day of 199 , before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he/she is the of the partnership named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said partnership by authority of acknowledged said instrument to be the free act and deed of the partnership. Notary Public / ( STATE OF ) ) ss. COUNTY OF ) On this day of 199 , before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he/she is the of the partnership named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said partnership by authority of acknowledged said instrument to be the free act and deed of the partnership. Notary Public STATE OF ) ss. COUNTY OF ) On this day of 199 , before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he/she is the of the partnership named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said partnership by authority of acknowledged said instrument to be the free act and deed of the partnership. Notary Public L [9 EXHIBIT "A" ‘,. s. ..._•.. •,„ , . ---- . H ! '',, ', • \ , 1 il \\\'‘ ,((. 1 ': ■ 3 . \ ‘ :\ , 2 \‘,. _ / . i 8 1,,.. . - - z mu xxxxicro4 ••• ... —-.- —PILOT KNOB ROA1:1\16.6AR NO.a 0 , —1 --(-1F-14"----"41..„, .-• . .- --,\.7,*,,i, ■‘,( , Z4 RI ... J '‘ •■ ; r ''.-- • • --\ g 81 1_24 -- 4.,_\‘ ' ;,--' „ n . o ■-• 0 tl, 7 \\ • •'"•.‘I"'t '''',. :)44)k 7. .<'' • ' 14 44 9 la 4.1 lt ''I''I. Cst1;, i \ ' I I i1 1 ,11i , 1111,,II II II II ,_, ,-.^..1__ Ze I /// 'L''''' '... .':../ 1 1 g " l'. A / ' / - I- t I / n n r I i f I Y 111 I I ti i 1 -I ' elf ) 11 1 I :-ii i '. I i 1 1,1 I- 1 i- 6 • \--'1-41 u-, 4-- % ill , d -;--1 u; .., • ,__ Ji -- -le - ;ir —--1041 t`i, 13 ■1 i,..—------ • [Pe 11 1 -- i I -—1 Li ii ELli • lige_ 'et, ell_ pm ill_ eels 6:12,014.49,,_ _ _ _ ------- DEN AVE E- __Ii11.11 iHiffliOlirili i , , .,— . 1 ,c() t 3;:1 Pirj. a I - I I 1 _0 _ 17 I( 9 iia I i i H i ii ' 1, . Ili 1,1 -4. _!II, ,' 2 c Ill ' • - ' .../1„:40,1j11. I I ' m I 1 .1 1 °--6; ' )• I •c; o . .., , c, Lir- 0 31 z ,14 in 0 i / 411 i ILL ill) ./i .ii pi 1 Z , .c. i (4 ° .1 El. II , , u A "k 0 iii, .----7=,--11 1 .1_, I. . ,,....._. i .1 0 11-' L -' / P < z g •-• \ I \) . [it:- —_------.---1P I I lu_i 1 t — ---- -. I■ j ° Z co c . . -il-1 roi ii [ l C) • ‘\‘‘% I 'tli 1 II- f I Ti - VI M U I " - _. . ...MP 7 ii _ A I II .IE 1 < ll 1 trIL I ' ' 11rd•1 I EXHIBIT "B" Lots 1 and 2 , Block 1, Town Centre 70 Second Addition; Outlot A, Town Centre 70 Second Addition; Outlot A, Town Centre 70 Tenth Addition; Outlot A, Town Centre 70 Eleventh Addition Outlot A, Town Centre 70 Twelfth Addition Outlot E, Town Centre 100 First Addition Outlot G, Town Centre 100 First Addition Outlot A, Town Centre 100 Third Addition Outlot A, Town Centre 100 Sixth Addition Outlot A, Town Centre 100 Ninth Addition Lot 1, Block 1, TOWN CENTRE 100 SIXTH ADDITION, except that part thereof lying northerly of the following described line; beginning at the most easterly corner of said Lot 1; thence South 44 degrees 08 minutes 52 seconds West, assumed basis for bearings, 4.00 feet along the easterly line of said Lot 1; thence North 45 degrees 51 minutes 08 seconds West 248 . 45 feet parallel with the northeasterly line of said Lot 1 to a point in the north line of said Lot 1 and there terminating; and Lots 3 and 4 , Block 1, TOWN CENTRE 100 SIXTH ADDITION. The real property described above constitutes the "Area" referred to in the attached City of Eagan Town Centre - Eagan Pylon Sign Agreement. Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES NOVEMBER 24 , 1992 TOWN CENTRE SIGN AGREEMENT FEDERAL LAND COMPANY Chairman Voracek opened the next public hearing of the evening regarding an Amendment to the Town Centre Pylon Sign Agreement regarding the placement of pylon signs in the Town Centre 70 and 100 developments located in the N 1/2 of Section 15. City Planner Sturm noted that there is no pylon sign proposed between the Valvoline site and Waterview Office Tower along Yankee Doodle Road. Further, the new plan calls for one additional pylon sign along Town Centre Drive, which is one more than the existing plan, however, one of the pylon signs is the existing major complex sign. Martin Colon, the applicant, stated that the reason they are requesting the amendment is that they are trying to update the sign agreement which is six years old. Merkley moved, Hunter seconded, the motion to approve an Amendment to the Town Centre Pylon Sign Agreement regarding the placement of pylon signs in the Town Centre 70 and 100 developments located in the N 1/2 of Section 15, subject to the following condition: 1. An executed agreement shall be entered into within 60 days of City Council action. All present voted in favor. /4.2 MINUTES OF A SPECIAL MEETING OF THE EAGGAN CITY COUNCI#� Eagan, Minnesota Novet44 X24,1'992 A special City Council meeting was held in the lunchroom of the Municipal Center building on Tuesday, November 24, 1992 for the purpose of discussing outdoor storage and the zoning ordinance with members of the Advisory Planning Commission....Those..in.attendance were Mayor Egan and City - Councilmembers Awada, McCrea and Wachtel i*::.*okiticil riariiber Pawlenty was absent. Also present were City Councilmembers Elect Hunter and Masin.:;it Was'rioted that Councilmember Elect Hunter was also representing the Advisory Planning Commission astta memtser:: Also in attendance from the Advisory Planning Commission were Members Miller, Graver.Voracek;.:Merkley and Hoeft. Staff in attendance included Recycling Coordinator Hageman, City Plahiaer Sturm,Acting Director of Community Development Hohenstein and City Administrator OUTSIDE STORAGE Mayor Egan welcomed members of the Advisory Planning Commission to the joint City Council/APC workshop. After additional comments by the City Administrator,the outside storage ordinance was reviewed by City Planner Sturm. City Planner Stttrm..stated that the Planning Division is suggesting that outside storage be permitted on propane, firewogd:aru#::Wp:.to 50% of store shopping carts as suggested uses. Recycling Coordinator Hageman spoke concerning:::ttie::trash/recycling options. City Councilmember Awada stressed uniformity if outside storage uses are to:be..specified for all outside storage applications. The City Administrator stated that the Tom Thumb applications:are scheduled for the December 1 agenda which necessitates a direction by the City Council:: standards are to be set forth for outside storage provisions. Commissionmember Graves.:Syggastedthac the building footprint include a section for the outside storage items. Discussion by bott3 the.City Council and Advisory Planning Commission centered around how subjective the ordinance should be. There were a number of alternatives discussed, such as eliminating outside storage completely, designated certain permitted uses or to be subjective and consider each conditional use application on a case by case basis. After general discussion, there was consensus to limit outside storage to propane tanks only and,further that future building designs take into consideration attached enclosed areas for storage which:{ook.exactJy::litfs.the.existing or proposed building. There was also general agreement that there is no ttsidBsStora4e:0f e:#iermitted on sidewalks. Mayor Egan thanked the members of the Advisory Planning Commission for their patience as the City Council reviewed this matter during the past:::several cponths. He also stated that these policy recommendations will be taken into consideration:::when the: City Council reviews the Tom Thumb applications at the December 1 City Council meeting. ZONING ORDINANCE City Administrator Hedges discussed the process for reviewing the zoning ordinance. After discussion, Advisory Planning Commissionmember VoraceJ:::and City Councilmember Wachter both volunteered to serve on a review committee with staff and::fuither that notices will be provided to the Advisory Planning Commission and City..Council::if:anytt?ternbers wish to join in the detailed review. It was also suggested by Mayor Egan that any eiitfcra#:oo>irxieit :be provided to the City staff during the next two to three weeks so the detailed review can begin in early January. OTHER BUSINESS:: There was discussion regarding the D-II comprehensive guide plan study... Page 2/EAGAN SPECIAL CITY COUNCIL::::MOTING'•• ..•..... November 24, 1992 .:•:.:.:. .•.•.•. SIGN Appucootyppota. EXPRESS Dick Herzog, representing Postell Express, appeared and stated that he prefers the location of his sign at the highest location on the I-35E side of the Rahn Cliff Shopping Center complex. City Councilmember McCrea stated her preference for uniformity, however in this case, the sign height in her opinion would not be a problem. City Councilmember Awada was concerned that if the sign is located at a higher elevation, the color of the sign shouki be tmim City Councilmembers, after a discussion, suggested that the tree adjacent to the Express relocated. After further discussion and in a motion by City Councilmember Awada, seconded:by CoL*Imember McCrea, all members voting in favor, permission was granted to locate the sign.04 the same elevation as Jerry's Floor Store with the understanding that the elevation be the same height:4 JerrY.S:PiOor Store, the sign be white in color and the tree adjacent to the Rahn Cliff Shoppittf:Cormir bortingii*relocated and further that this action be granted to Poste!! Express as a waiver td:Thi Rahn Cliff.:itri regulations for the planned development agreement. There being no other business, the meeting was adjourned. TLH • . :•:: Date City Clerk : . . ••.• ::.•" :•:•::• ..•.•.• •••••• DATE 2 " 3 `Y 9 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles of incorporation and by-laws. Applicants Name(Business,Partnership,Corporation) Trade Name or DBA - h"4LC 4 CcNA/rA/f'.c/c, GT/2. ZVC . Se“i% /YIc 12D ft*[( Cf CcIv✓r tOr. (j//Z Business Address Business Phone i Applicants Home Phone CA 1A CL. r1- `7 A bLl-ho.v ( ) Al/A (60 ) Li 383.3 City County State Zip Code �AGN County 07-A- M/V. Name of Restaurant Manager Manager DOB License period r'', I4-eJ IV AN G/N -5-41 From: To: If a corporation,give name,title,address and date of birth of each officer.If a partnership,give name,address and date of birth of each partner. I Partner/Officer Full Name and Title Address DOB Elf? (-4--A2, 5. /1let",,/ evc //j t>117 GAst en/ LN . LQL, i'i4- c -I/c 5'y9-sy Partner/Officer Full Name and7Titie Address DOB ?I've - /R 13G) • �i fh►—LC to �s� / Partner/Officer Full Name and Title Address DOB Partner/Officer Full Name and Title Address DOB LICENSE TYPE: `I On-sale Restaurant On-sale Hotel On-sale Club Amount floor area Amount floor area/ Amount floor area/ dining room(s) dining room Number seating Seating/dining room(s) Seating/dining room Hours food available Hours food available Hours food available Number employees Number of guestrooms LOCATION OF ESTABLISHMENT: t Legal description %A K C L, i t 7 /fit Dr h DA, Lc=� ( , f!o c K Current zoning A//S X Structure is more than 300' away from elementary or secondary school or church Yes No REQUIREMENTS $5000 surety bond Name of bonding company Certificate of Insurance and Liquor liability Insurance Company During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802? Yes ,; No If yes, attach summons copy. Has Applicant or any of the Associates been convicted during the past five years of any violation of federal, state or local liquor law? Yes r= No If yes, give date and details. Are any taxes, assessments or utility bills for the premises unpaid or delinquent? Yes X No If yes, give reasons. • I Have you ever had a license suspended or revoked? Yes X No If yes, give dates and reasons for action. What vendor of amusement devices will have machines on the premises? ,U-/} Name Address I Describe proposed entertainment: FOR CLUB LICENSE ONLY: Date of Incorporation: Purpose of Club: Number of members: Officers, Board of Directors, Manager: Full Name Address DOB Full Name Address DOB Full Name Address DOB DOCUMENTATION: Provide two copies of Articles of Incorporation for each corporation with financial involvement. Provide financial statement of net worth for all principals who have at least five percent(5%) interest in the business, partnership or corporation. The statement must be prepared by a CPA. Complete a general information form for each business, partnership or corporation. Complete a personal information form for each person who has a five percent(5%) interest in the business, partnership or corporation. Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action. h,R ■ NOTARY Applicant : B.,4.L 5 il,t,Lvt4.r,,� Subscribed and sworn to before me ,�_i1 and. - //)lam this l day of (91/ 4- , 19 92 Notary EL-LAEE H A. VJIT7 t Notary Public-44* County NOTp,o J LIC—Mlry:EsOTA , .111,§e. OUNTY 4 My commission expires: --2-4 -9' 7 My comet,•:ion expires 2-16-97 e REPORT BY POLICE DEPARTMENT This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for 1 any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows Dat Department � r..,-.34 vir f.,1 4-4:3(,t. b.,A- k.,:._1,..A 0 k N,,,,,,, 3 5. 52 Suhd. 7. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited . Source: City Code Effective Date : 1-1-83 Subd. 8. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure, day care center structure or church structure. Source : Ordinance No. 103 , 2nd Series Effective Date : 7-27-90 Subd. 9. No more than one license shall be held by any person. For the purpose of this Subdivision , any person owning a beneficial interest of five percent , or more, of any licensed establishment shall be considered a licensee . Source : City Code Effective Date : 1-1-83 Subd. 10. On-sale licenses shall be granted only to hotels, restaurants and clubs . Suhd. 11. Eighteen (18) on-sale licenses may be authorized as of June 5, 1990. All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit. The eighteen (18) licenses shall be distributed as follows: A. Four (4) licenses for hotels ; B. Seven (7) licenses for restaurants with at least $350,000.00 building valuation (exclusion of leasehold improvements, equipment or common areas) ; and, C. Seven (7) for other restaurants . Subd. 12. One (1) new off-sale license may be issued for each 5,000 population increase in the City, over a base of 40,000, as determined by the annual Metropolitan Council Population Estimates of April 1. Applications for new licenses will be received through August 31. If there is insufficient population to support another off-sale license, the applications will be returned . A. New license applications will be reviewed by the Police De,partment through November 30 with Council consideration at the first meeting in December. New licenses will be approved with an effective date of the following January 1. Any license not activated by the following August 31 will be rescinded and the available 113 (6-15-91 ) M � MINUTES OFkIttCULAR MFETlNG OF THE EA RN, CITY COUNCIL :: •:Egan, Minnesota December 1, 199;:::::;:::: A regular meeting of the Eagan City Count #t :3ieild'on Tuesday, December 1, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, McCrea, and Pawlenty. Councilmember Awada was absent. Also present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director of Public Works Tom Colbert, Director of Finance Eugene VanOverbeke, and City Attorney James Sheldon... A request was made by the applicant to movq.:te Administrative Agenda item for a special hunting permit to Department Head Business. Pawlenty moved,Wachter seconded,.:.motion to agenda for the December 1, 1992,regular City Council meeting as amended. Aye: 4 Nay: 0 ��1:�lt1�T�st'IES McCrea moved,Wachter seconded,:a:motion to approve the minutes of the November 17,1992,regular City Council meeting as presented. Aye: Wachter moved,McCrea seconded,a motion to•ai ptovethe minutes of the November 5, 1992, special City Council meeting as presented. Aye: 4 Nay:;:0 Wachter moved, Egan seconded, a totion:to::approve the minutes of the November 21, 1992, special City Council meeting as presented. Aye: 2•:1' ay?s..0 Abstain: 2 (McCrea & Pawlenty abstained as they were not in attendance at this meeting) ................................................................................... ................. ............................................................... ............ ............ .............. .................................... POLICE DEPARTMENT,(.SPECIAI•HUNTING PERMIT Mayor Egan introduced this item as a special huniingperiiiit'for Brian Collins. Councilmember Wachter noted that another special hunting permit had been issued d for the:saine property and he recommended that, in the interests of safety, the two applicants coordinate their hunting:schedules. McCrea moved, Pawlenty seconded, a motion to approvee:a special hunting permit for Brian Collins. Aye: 4 Nay: 0 *Special note: At the end of the meeting, Councilmember Wachter recommended that no further hunting permits be issued for this property. FIRE DEPARTMEl?i `.FiRE;GFIIlrf:l?ALE NELSON Mayor Egan introduced this item as the official recognition of Dale Nelson as Fire Chief. Fire Chief Nelson received the oath of office from City Administrator Hedges. The Council and staff congratulated the new Fire Chief and welcomed him aboard. McCrea moved, Pawlenty seconded, a motion to officially ratify the action of the Fire Department in their election of Dale Nelson as Fire Chief of the Eagan Volunteer Fire Department. Aye: 4 Nay: 0 PAGE 2/EAGAN CITY COUNCIL MINUTES 4 December 1, 1992 ..•.••.. •:•:•::. .•.•.•.• ....... A. Personnel Items Item 1. Winter Recreation Leaders--It was recommended that the hiring of Ross Anderson, Steve Cramer,Ian Dozier,Ken Fry,Mike Geere,Andy Halvorson,Amy Hampton,Melinda Kaltenhauser,Jerry Koch, Andy Lachenmayer, Cory Lynch, Matt Marxer, ritc.Mathiason,Jason Myr lie, Benita So ller, Ray Sperl, Brent Tait, Kristie Thompson, Michelle Tibbs and#.ti.4....Viieie;:.a.i.N:tiki::gecreation Leaders be approved. B. Plumbers Licenses It was recommended that plumbers licensesfiiii.: 1) Copl*Plumbing, 2) P&D Mechanical Cont., 3) Ridgedale Plumbing,4) St. Paul Plumbing,5):SiOW: 1iii0i4.:&:.*ating,6)T.G.H. Plumbing Company,and 7) Tim's Quality Plumbing, Inc., be C. License. Off-Sale Beer. Super America,2250 Cliff Road It was recommended that the off-sale beer license for Super America located at 2250 Cliff Road be continued to the December 15, 1992, regulass.City Council meeting. • D. Contract 92-03,Approve Change Qi&i:::#1;01-ell Pump Modifications "• It was recommended that Change Order fifle.be approved.in:the amount of$4,991.25 and the Mayor and City Clerk authorized to execute all related documents E. Contract 92-03. Approve Final kiptie:iii.(Well Pump Modifications) It was recommended that the third and final payment for Contract 92-03(Well Pump Modifications & Repairs) in the amount of $11,828.08 to Bergeson-Caswell, Inc., and accept the improvements for perpetual maintenance subject to warranty provisions. F. Declare Surplus Property/AuthciffiOiSP4tjOii:::Ci0;Council Chamber's Dias Wing Units ' '' ••• ••..-:: It was recommended that the City Council ChOnbers'dia.S:#iing units be declared surplus property and the disposition authorized to Dakota Civic Theatre as 4:iiionation:W that organization. G. Contract 92-J,Acknowledge Project Completion/Aufti:iiiiize Acceptance (ARplebees - Utilities) It was recommended that completion of Contract 92-J (Applebees-Utilities)be acknowledged and the improvements accepted for perpetual City maintenance subjec to appropriate warranty provisions. Pawlenty moved, Wachter seconded, a motion to appro*.Oe Consent Agenda as presented. Aye: 4 Nay: 0 TOUR OF MUNICIPAL CENTER •:•:•:.: :::•:.:: Councilmember McCrea complimented and thanked City staff for their tour of the Municipal Center. She said seeing the building when it's in use made an impression on her as to how crowded it is. The rest of the Council echoed Councilmember McCrea's remarks. PAGE 3/EAGAN CITY COUNCIL MINUTES • • December 1, 1992 • • ` 1 M:04STRA I >A .•cif.•. ' CITY REPRESENTA'I'IUE1CDBG COMMITTEE Mayor Egan introduced this item as the appointment of a City representative, Dakota County HRA/Community Development Block Grant Committee. Wachter moved, Pawlenty seconded :a::mo ioi .: ::;a ovv an appointment of acting Community Development Director Hohenstein as the City's representative::fiEi the Dakota County HRA Community Development Block Grant Committee. Aye: 4 Nay:••0••' • EXTENSION/FINAL FiN4.pUtjympftiAFT ADDITION McCrea moved, Pawlenty seconded;'a motion to atipi'• Ve an extension of 30 days for the YMCA 1st Addition final plat to permit it to be recorded. Aye: 4 Nay: 0 M.IS( ULAN ITE1►I�� NOVEMBER 25 PRESENTATION DAKOTA HII:IOS DDLE SCHOOL STUDENTS Councilmember Wachter reported that the.presentationi given on November 25 by Dakota Hills Middle School students were very impressive. The presentations on.the:n*.onment were given before Councilmember Wachter and Water Resources Coordinator Bras0 w ho:agr:eedito.pursue videotaping of the presentations for cablecasting on the local access channel PROJECT 590/PILOT KNOB ROAD City Attorney Sheldon said the assessments for Project 590, Pilot Knob Road south to Apple Valley, were certified with one objection from Dakota County. Dakota County's objection was based on their position that the rate was incorrectly applied. Mr.Shekdon:34vis d::t#at;a w.eting was held to review the assessment and it was found that the single-family rate was:tbi0s:nii3re:app6te:iate. Therefore, based on that information, the County's assessment would be reduced. The County has agreed to street assessments of $32,793.20 and storm sewer lateral of$1,972.18. Staff believes that tote fair. McCrea moved,Pawlenty seconded,a motion i n hhorizing•reassessment of County property at the single- family rate with an arterial road credit and credit for storm sewer and ponding easements and granualr fill provided by the County resulting in a street assessment of$32,793.20 and storm sewer lateral of$1,972.18. Aye: 4 Nay: 0 1993 PROPERTY TAX LEVY/GENERA;FUND BUDGET PUBLIC:EN'[ERPRISE: fl::BUDGET Mayor Egan introduced this item as 1993 Property.T.* Levy, General Fund Budget and Public Enterprise Fund Budget. City Administrator Hedges provided: iaekground and an explanation of the process. When the hearing was opened to the public, Keith Becklund, 3988 Stonebridge Drive; Neil Gaarder, 1125 Aquarius Lane; Connie Colon,4264 Boulder Ridge Point;Pat Connolly,921 Curry Trail;Wally Klus; 1340 Duckwood Drive;Torben Holm,1138 Tiffany Point;Don Armborst,742 Hay Lake Road North;Jeff Foster,3805 PAGE 4/EAGAN CITY COUNCIL MINUTES December 1, 1992 Mill Run Court; and Ed Morse, 4385 Onyz•T)nve.i..address4Auestions to the Council. While there were questions regarding the Community Investment; ?und, t"ax capacity, fiscal disparities and the percentage of increase, many of the concerns centered around not oiily"die percentage of increase proposed by the City but the impact of that increase on the higher valuations of their homes. Fiscal disparities was discussed in detail as well as the need to work toward a change in their ° distribution. Mr.Holm suggested that the budge.:le:tied;ia the.:rat:;:of inflation and both he and Mr.Armborst ask a number of questions regarding personnel seiiric s ::.::.:.:::::.:.:.:: Discussion continued and then returned to the City Council"for their observations. The Council stated they have tried to keep the budget increase to a minimum and pointt.d out that the only personnel being added to City staff is two police officers who have.•beea:.gla:nned"for.tli :t ast two years. It was also noted that it is difficult to trim the budget without cutting ilia t1ic:level of:se;;rvice: After further discussion, Pawlenty moved, Wachter seconded, a motion to approve the resolution authorizing the 1993 Ad Valorem Tax Levy. Aye: 4 Nay: 0 Wachter moved,Pawlenty seconded,a motion to approve the 1993 General Fund Budget. Aye: 4 Nay: 0 Pawlenty moved,Wachter seconded,a motion toi.approve the 1993 Public Enterprise Fund Budget. Aye: 4 Nay 0 PROJECt /ST THOMAS BECKET • Mayor Egan introduced this item as Project 640, St. Thomas Becket (Streets& Utilities). Director of Public Works Colbert remarked that the project was the result of a petition and that the feasibility report had been prepared by the consulting engineering firm of Short-Elliott-Hendrickson. Len Newquist, SEH, explained the:.gttij0.ct:arise:i4:i000.4p::: Mr. Newquist noted that an alternate had been proposed regarding the installation of private:Siitit i :se%vice which would discharge into the Atlantic Hills Drive sanitary sewer. He added that the system would be owned,operated and maintained by St.Thomas Becket Church. Mr.Newquist then went on to review::the estimated costs with Mr. Colbert explaining that the Church is the only property proposed to be assessed.:: :::: Craig Rafferty, architect for St. Thomas Becket Church;":submitted a summary of three areas of the project they wished to have considered by the City: 1) public utility improvements for the storm water outlet to Hay Lake and watermain distribution, 2) private installation of sanitary sewer and ejection system, and 3) private completion (with MnDOT) of the review, design and construction of the T.H. 3 access. Director of Public Works Colbert explained the options:t e.Church had requested for this development and expressed concerns that indirect costs--estimated to be 30704.the construction costs--may be more due to the many project changes. Pawlenty moved,Wachter seconded, a motion to close4l :public hearing and approve Project 640 (St. Thomas Becket - Streets & Utilities) as modified to include sioim sewer and watermainimprovements and authorized the preparation of detailed plans and specification.... ye: 4 Nay: 0 PAGE 5/EAGAN CITY COUNCIL MINUTES December 1, 1992 ' "" KINGSWOOD 2ND ADDITION Mayor Egan introduced this item as Kingswood 2nd Addition, Review of Escrow Account Balance (Project v SS). City Administrator Hedges reviewed tbe.request.byHorne Development Corporation to reduce the escrow balance from $746 per lot to $50(),:::f#e::stater hat::4:. blic Works Committee had met and was recommending a reduction of$63 per lot to$683. Counember Pawlenty stated that he did not have difficulty with the recommendation but was concerned about allegations the developer presented approximately a year ago that consulting engineers were overbilling. City Atttttl ey Sheldon:advised that his office had reviewed the allegations and through meetings with Rollie.Crawford, attorney.Tor Home Development, the bills referenced by Mr. Crawford had been explained. Rollie Crawford, representing Home Development Corporation, outlined their objections to the costs incurred with Kingswood 2nd Addition. He cited excessive costs associated with changing the Kingswood access to align with the proposed City access as well as going from too few inspections to too many. When asked why Home Development did not object to the costs when they occurred, Mr. Crawford admitted they should have but said the costs were incurred in 1989 and::a:bill.was not received until 18 months later. He also complained that change orders were necessitated when City;st ::reviewed and redlined design plans after the plat was • approved. Director of Pubic Works Colbert pointed:out::tbat:several years ago developers complained of having to design projects to such an extent before the CityCouncil even reviewed the project that changes were made to the process. He said technical review of the project draw,ng•:dries occur after preliminary plat. Discussion continued, however, Mayer:Egti stated that the issue had been thoroughly discussed at a Public Works Committee meeting and suggested it was difficult to negotiate during a City Council meeting. Councilmember Pawlenty agreed that the appropriate forum would be between Mr. Crawford and the City Attorney and Public Works Committee. Mr. Crawford said that if the City Council wished to delegate to the Committee, they would agree to continue to negotiate. While there were some reservations::al?otg liefl p.r.:dte:action would be counterproductive, McCrea moved, Pawlenty seconded, a motion to refer>revieww tif:#fie::usCr4iv account balance of the Kingswood 2nd Addition (Project 88-SS) back to the Public Works Con mittee. Aye: 4 Nay: 0 • CONDITIONAL USE PERMIT/OUTI i0R STORAGE TOM THUMB/YANKEE SQUARE Mayor Egan introduced this item as a conditional use permit for Tom Thumb,to allow outdoor storage in a Commercial Zoning District on Lot 1, Block 1, Bicentennial 1st Addition, located along the south side of Yankee Doodle Road in the NE 1/4 of Section 16. The Mayor stated that because the issue is outside storage, the next item,which is also a conditional use permit for the Blackbawk Plaza Tom Thumb,will be handled with this application. City Administrator Hedges advisetf:iiiat•ibotk:::iiiiiiia:4tere considered by the Advisory Planning Commission meeting on July 28, 1992, and they had recommended:denial for reasons set forth in the minutes of that meeting. He further stated that the issue was continued::by:the City Council at their August 4 meeting and discussed in detail at a joint APC/City Council meeting onNovember 24. Acting Community Development Director Jon Hohenstein explained the applications. He said both applications had proposed outside storage in front of their respective buildings with treated lumber as the PAGE 6/EAGAN CITY COUNCIL MIND' ' '"''`'' December 1, 1992 • enclosure. Mr.Hohenstein stated that he had 1:4n:contacted on.December 1 by Tim Wonzel,representing Tom Thumb Stores,who questioned why language adtiresscd:at:44.:51.(*inber 19,1991,City Council meeting had not been included with the ordinance amendment. (A':capy:.pf:tlie'iiiinutes are included as Exhibit A). Tim Wonzel of Tom Thumb Stores reiterated that the final draft of the outside storage ordinance did not include all the language proposed by the City Council. He stated that the Advisory Planning Commission had made their decision on the basis of not haying outside storage interfere with my pedestrian traffic. Mr. Wonzel noted that at the November 19, 1991,::m a g, a:Ci y Council recommended that outside storage not unreasonably interfere with pedestrian traffic.' He•a'ske4::thiat'tlfe''irepancy in the City's position be clarified. Mayor Egan recounted the November 24 workshop. He pointed out that the minutes of November 19 highlighted very well the two issues that were discussed at the::workshop. He said the Council found no reasonable way to regulate open storage anttigioit::onsensus WaS::to not allow it at all with the exception of propane tanks which are permitted by State taw:.':Mayor Egai :aiMsed Mr.Wonzel that the City Council made the determination that it was inappropriate to attempt to regulate outside storage because of the subjective standards which, he added, would be impossible to enforce. Mr. Wonzel questioned the impact of this decision on the community. He urged the Council to have those impacted present to make their cases.to..the City Council. Mr. Wonzel disagreed with the Council and noted that as long as the storage is maintained: a.:safe manner, it would be unreasonable to restrict it to this degree. He said he had met all the standards'.set:f rtti:by::the.City Council with the exception of perhaps the suitability of the enclosure to the building. • •• Councilmember McCrea stated that it appeared::iiiitside:'storage was a way to gain additional storage area without paying rent. Mr. Wonzel pointed.:out::t4f:the two Tom Thumbs were different in that one was located in the center of a strip mall and the:oth r':was a free standing building which was owned solely by Tom Thumb. He suggested that the City Council could control outside storage through the conditional use process and added that what he had submitted was both reasonable and controllable. Mayor Egan said that Mr.Wonzel had admitted the two Tom Thumb stores are different and it would be impossible for the Council to decide outside storage questions with numerous variables using subjective standards. > • Councilmember Pawlenty said thaf:#41e e was:no : te November 24 workshop, the Council was trying to address the aesthetics and safety of outside stoiage:..-H'e'suggested the Council could either stay with a complete ban on outside storage or permit each store :c rtain percentage. Councilmember Wachter suggested stores construct their buildings to the appropriate size::at:the onse.*thus avoiding the need to expand outside. Wachter moved, McCrea seconded,a motion to: 1) deny:a;:conditional use permit for outdoor storage for the Tom Thumb Store located on Lot 1,Block 1,Bicentennial 1st Addition at the Yankee Square Shopping Center, 2) direct the City Attorney to draft findings of fact under the existing ordinance and 3) direct the Community Development Department to review whether the ordinance should be changed to accomplish the Council's intent. Aye: 4 Nay: 0 In answer to a question as to the effective:i ate,Wacbtexnmoved,Egan seconded,a motion directing that all outside storage be removed by February 2, 1993. Aye: 4.14ay. 0 PAGE 7/EAGAN CITY COUNCIL MIS December 1, 1992 CONDITIONAL USE:PERM.ITtgl.o'1 OOR STORAGE TOM THU14E f i4; ,C AY4 .PLAZA Mayor Egan introduced this item as a conditional use permit for Tom Thumb,to allow outdoor storage in a Commercial Zoning District on Lots 4 and 5, Block 1,Blackhawk Plaza Addition, located along the north side of Diffley Road in the SE 1/4 of Section 20. Wachter moved,McCrea seconded,a:iiiiitkin ti :dicby:a apphCation for a conditional use permit to allow outdoor storage in a commercial zoning district on Lots:4:aind 5,Block;1,Blackhawk Plaza Addition and directed the City Attorney to draft findings of fact under the existing ordinance. Aye: 4 Nay. 0 DANIEL DRIVE/DIFFLEY ROAD.HUD PROPERTY Mayor Egan introduced this item as a request for direction regarding the Daniel Drive/Diffley Road parcel. City Administrator Hedges provided background on the item and referred to Director of Parks & Recreation Vraa's memorandum of November 24, 1992. Councilmember McCrea expressedl.he•::conftsion as to how the item had reached this point when she • had understood that if any of the property acquired from: :was found not to be needed by the City,it would be sold. Mayor Egan also stated that this area::is well-served by.the park system and questioned whether additional parkland was addressed in the City's park plan..:,Be:iioteid that developing the property for sale and then using the proceeds for existing parks would.be::eltiser:to••what the Council intended for the property. Director of Parks & Recreation Vraa•wished to clarify for the Council that staking of the storm water pond had caught the attention of the neighbors. When staff invited them to a meeting to discuss the ponding and grading, the neighbors asked if a park was possible and wanted to take their request to the City Council. City Administrator Hedges said that the residents had contacted the City regarding their concerns about what was intended for the property and staff had been very clear about the Council's intentions. Mr.Hedges stated that staff was not advocating a park but were only.b iiig,:t.IW esident's wishes to the attention of the Council. The Council indicated they would be willing:tir:liiit i:•to4lie::p i:iii6 1; however, it was agreed that with a tight budget, it would be difficult to agree to a park proposal::that did np.t..liave benefit for the entire City and its park system. Tish Whetstone,917 Curry Trail,stated they Have a beai tiiiil wooded lot behind them and they would like to keep it. She also said they were not connected to Trapp Fifth Park or Northview Park by the City's trail • system. Pat Connolly,921 Curry,cited the large number of families in the area as the need for a neighborhood park. He asserted that it is the only area in the City without direct::aecess--no trails or sidewalks--to a park. Mr. Connolly said he believed this was a unique situation. Mayor Egan noted that the points:?ere;w l 4alceis;:::lh*Oier, this situation did not meet the criteria spelled out in the City's master park plan. It said Clte' ty:coifi Trot establish separate and unique criteria just because the land is available. Councilmember McCrea agreed and:noted the number of areas in the City where a greater need exists for green space. Councilmember Pawlenty fiLied if the master park plan envisioned land use changes in this area. Director of Parks & Recreation Vraa:said the master plan indicated the existing parkland should meet park needs in that area. PAGE 8/EAGAN CITY COUNCIL MINUTES December 1, 1992 After discussion of various options,'Acting:.Commu ::Development Director Hohenstein restated Council's direction as developing the property as:resideiit l :attempting to grade the property in a fashion that is sensitive to the remaining trees on the site, and plattingYite property for sale. 1993 FEE SCHEDULE Mayor Egan introduced this item as::cor is r4tiop.Q.f.,the..1993 Fee Schedule. Director of Finance VanOverbeke pointed out that fees relating.:iii::park::tetl caz 4::0d water quality dedication had not been finalized by the Advisory Parks, Recreation, & Natural:1tesources:Cl~ommission and would be brought back to the Council if there is a change. After various questions, Wachter..moved;:::1*crea..;4waded, a motion to approve the 1993 Comprehensive Fee Schedule as presented.::Aye CITY CODE AMENDMENT/ALARM REGULATIONS Mayor Egan introduced this item as an amendment,ordinance Section 10.43,Fire,Burglary,and Safety Alarm Regulations and Requirements. City Attorney Sheldon asked that a minor change be made under Subdivision 4, A, with the substitution of::the..word, "amount" for the word, "fine," and that Section D, Confidentiality, be stricken. The Council McCrea moved, Pawlenty seconded, a motion to'approve an ordinance amending City Code Section 10.43 regarding fire,burglary,and safety alarm regulations and:ccgtirements incorporating the following changes: Subdivision 4, A. Change the word;: ii.i fti::"amount." Subdivision 4, D. Strike in entirety Aye: 4 Nay: 0 ON-SALE GPQUO:R. CF. 1s.►E,./;1t1QLIDAY INN Mayor Egan introduced this as a license,for on.sale liquor,:,Holiday Inn (Doubletree Hotel),2700 Pilot Knob Road. The Comptroller for Holiday Inn was pr'esient to air any questions. Councilmember McCrea asked if the license was being issued with not one of:thc applicants being from Minnesota. The Comptroller indicated the license would be administered by him aiiii:he is a Btitasville resident. McCrea moved, Pawlenty seconded,a motion to approve an on-sale liquor license for the Holiday Inn, formerly the Doubletree Hotel, located at 2700 Pilot Knob Road. Aye: 4 Nay 0 SPECIAL PERMIT/FAITH CHUKC;N OF GLORY Mayor Egan introduced this item as a special permit for Faith Church of Glory to allow church services to be held in an office warehouse at 3584 Xentt ec;Diive add:toned LI (Light Industrial) located in the northwest quarter of Section 17. It was noteia tlii =is iiie:s; i nit :c#t u-ch to hold services at this location and there had been no complaints. • Wachter moved,Pawlenty seconded,a motion to approvea'special use permit for Faith Church of Glory to allow church services to be held in an office warehouse at.3584 Kennebec Drive and subject to the following conditions: • PAGE 9/EAGAN CITY COUNCIL MINUTES •December 1, 1992 1. This temporary permit shall expire two years.from:*date of City Council approval. 2. Church functions shall be limited to everiiiigs'and weekends. 3. All applicable City Code requirements. Aye: 4 Nay: 0 COMPREHENSIVE GUIDE PLAT AMEN1fENT/REZONING LEXINGTON AVENUE RTC PROPERTY Mayor Egan introduced this item as..a compreshen iye.gui le:plan amendment, City of Eagan, changing the land use designation from D-III(Mixed Resi ieiitial,6-1 :Units/Acre)to IND(Industrial)for approximately 62 acres of land and a rezoning from R-3 (Townhouse Residential) to LI (Light Industrial) of approximately 57 acres of the above 62 acres located on the west side of Lexington Avenue South of the Bulk Mail Facility generally in the N1/2 of the SE1/4 of Section 10. Pawlenty moved, McCrea seconded, a motion to approve a comprehensive guide plan amendment for the City of Eagan changing the land use desikOation from D-III (mixed residential 6-12 units per acre) to Ind (Industrial) for approximately 62 acres of land:::Ate;.;:4::Nay 0 • Pawlenty moved,Wachter seconded,a motion to approve a.rezoning from R-3(townhouse residential) to LI (Light Industrial) of approximately 57 acres:■of the.above::b :acres located on the west side of Lexington Avenue south of the Bulk Mail Facility. Aye: 4: 1y;::0 ::: '''• Acting Community Development Director Hohenstein advised the City Council that it will be necessary to forward the application to the Metropolitan Council for review. He wanted to alert the Council to the possibility that the Met Council may have some concerns because the Amendment is not accompanied by a development plan. CITY CODE AMENDNIME '/$QYi' D:&:TRAIL REGULATIONS Mayor Egan introduced this item as amendment:to the ordinance,Chapters 11 and 13 of the City Code regarding boulevard and trail regulations. Wachter moved, McCrea seconded, a motion•to approve ordinance amendments to the City Code, Chapters 1, 7, 9, 11, and 13, regarding boulevard and trail regulations as presented. Aye: 4 Nay: 0 ST THOMAS WOODS PROPERTY Acting Community Development Director•Hohenstein advised the Council that the remainder of the St. Thomas Woods property may be deveI pmg ad:becauise it involves another developer, may be of a somewhat different style. COMMUNITY ii.LOcK GRANT Mr. Hohenstein discussed Council's interests as to projects resulting from additional funding through the Community Development Block Grant program. While they agreed there are many worthy projects, they indicated their first choice would be a second phase of senior housing. PAGE 10/EAGAN CITY COUNCIL MINVP-S • December 1, 1992 KOHIA::•0EP.AHTMEI.s.1. .:0ORE In answer to a question from staff, the Cotaiaiiikeit their position that if a Kohl's Department Store is to be constructed in Eagan, the exterior surface will be brick. CHECKLIST Wachter moved, Egan seconded, a iaciiiiiii:.:410.0 ::*OiOcklist in the amount of$397,98820,dated :•:•:•:•: December 1, 1992. Aye: 4 Nay 0 ..••••• ADJOURNMENT The regular meeting of the Eagan 60:giiiii4***45iiined at 11:25 p.m. KF CITY OF EAGAN .... ... •*.E1:3:;:.V*O.Ps'crbeke City Cleik:••• .; ..•.• .-:•: • .•... ...•.•.• ..•.•.• .•...• •.•.•.• ...•.•.• •:•:-:•: ...•.•.•. • EXHIBIT A Page 3/EAGAN CITY COUNCIL MINUTES November 19, 1991 1. Acknowledgement of Protect Comdedon/Contract 89-TT (Boulder Rhine 2nd Addition) It was recommended that completion of Contract 89-TT(Boulder Ridge 2nd Addition)be acknowledged and that perpetual City maintenance be authorized subject to appropriate warranty conditions of the development agreement. Pawlenty moved, Wachter seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 Because of the earliness of the hour, the City Council then took up those items included with the Administrative Agenda. CITY ATTORNEY/EXECUTIVE SESSION It was noted that an executive session would follow the regular City Council agenda. CITY ADMINISTRATOR/M.A. MORTENSON REOUEST After introduction by Mayor Egan,City Administrator Hedges said that MA.Mortenson,who has been hired by Northwest Airlines,Inc.for the renovation of the former Unisys Semi-Conductor Facility,has requested that the City extend construction hours during the demolition phase to 24 hours a day until the anticipated completion date in February. Director of Community Development Runkle said if problems regarding the noise were to occur,staff would work with MA.Mortenson and the neighbors in an effort to mitigate those concerns. Furthei discussion centered around noise and dust problems. Councilmember Pawlenty noted that it may be prudent to put Northwest Airlines on notice that if there are complaints, the waiver could be revoked. Pawlenty moved, Wachter seconded a motion to approve a request by MA. Mortenson to extend the hours of work to 24 hours a day to complete the demolition of Northwest Airline's Data Processing Center which occupies the building formerly owned by Unisys and used as a semi-conductor facility. Aye: 4 Nay: 0 DIRECTOR OF PUBLIC WORKS/CONTRACT 89413 Mayor Egan introduced this item as Contract 89-03, Phase I & 2/acknowledge completion and final payment (Maintenance Facility Expansion). Wachter moved,McCrea seconded a motion to acknowledge completion and authorize the final payment in the amount of $11,963.50 to West Bend American Builders for formal close-out of Contract 89-03 (Maintenance Facility Expansion). Aye: 4 Nay: 0 ...................................... ...................................... .................... .. ... .... ORDINANCE AMENDMENT/OUTSIDE STORAGE Mayor Egan introduced this item as an ordinance amendment, City of Eagan, Amending Chapter 11 (Zoning) of the Eagan City Code regarding outside storage. City Administrator Hedges provided background on the item and noted Councilmember Gustafson's memo regarding"Standards"under the proposed ordinance. It was noted that Councilmember Gustafson had concerns that the word"enclosures"as used in the amendment would be interpreted as having to be attached to a building. The Councilmember's memo suggested that the Page 4/EAGAN CITY COUNCIL MINUTES November 19, 1991 word"display"be substituted. In addition,it was Councilmember Gustafson's recommendation that all of Item f,be stricken. Mr.Jim Rabuse,of Yankee Square Amoco,asked for additional clarification of the ordinance,especially as it relates to items such as firewood. He said firewood is a seasonal item and an enclosure for such items would be more unattractive and inconvenient than as displayed currently. It was noted that outside storage is not now permitted in the City and that the proposed amendment to that portion of the City Code dealing with outside storage would permit storage under certain conditions. Mayor Egan said it must be recognized that if outside storage is to be regulated,it would be necessary to apply some subjective standards. He recommended that under Standards,Item e,the item be changed to read,'the enclosure shall not unreasonably interfere with any pedestrian or vehicular movement.' The rest of the Council was in agreement with that change. Mr.Tim Wonzel,representing Toni Thumb, agreed that adding the word "unreasonably" to Item e.would satisfy his concerns. In addition, after weighing all aspects, it was determined that the word"enclosure" be allowed to remain as stated in the amendment as well as all of Item f. Pawlenty moved, Wachter seconded a motion to approve an amendment to the Eagan City Code, Chapter 11, regarding outside storage as presented with the following changes: 1. Standards b. All such enclosures shall be ettaehed contiguous to the principal building except in the Limited Industrial District. e. The enclosure shall not unreasonably interfere with any pedestrian or vehicular movement. Aye: 4 Nay: 0 FORECLOSE FINANCIAL SECURITY/AUTHORIZE ADVERTISEMENT FOR BIDS WILDERNESS PONDS Mayor Egan introduced this item as Contract 86-RR,foreclose financial security/authorize advertisement for bids(Wilderness Ponds-Streets&Utilities). City Administrator Hedges said that a request for continuance would be made, however, the Council may wish to discuss the item. Director of Public Works Colbert said the action being requested of the Council was a reaffirmation declaring the developer in default of the development agreement. He said staff would be asking the Council to proceed with competitive bids to take corrective action on this project due to the developer's inability to obtain easements allowing this corrective action to take place. Douglas Turbak,the developer of Wilderness Ponds, said they had not been able to obtain easements because the project as approved by the City was not acceptable to one of the neighbors,Mr.John Dudycha. Mr. Turbak said the project was completed in 1987;however,in 1989 one of the property owners in Wilderness Ponds experienced the accumulation of a significant amount of water in their backyard. He said while it took several months to find the problem, he believes the problem was not in their storm sewer design,but that of the Ches Mar Addition design. Director of Public Works Colbert said many of the improvements in these developments were permitted to be performed by private developers because there was not sufficient staff at that time to handle the workload. He said when these improvements were made,it was understood that only cursory reviews were made by City staff and the private developer would assume all liability for the system design. He said the existing storm sewer system in question is not adequate and Mr.Turbak has been asked to correct the runoff